Hiebert Ex Rel. Hiebert v. Millers' Mutual Insurance

The opinion of the court was delivered by

Fontron, J.:

This is an action by an insured, through his mother, against his liability insurance carrier. It is based on the insurer’s refusal to defend and pay a claim against the insured in a wrongful death action. Judgment was entered against the defendant insurance company and it has appealed.

The lawsuit grows out of the death of Allen Young, who was a friend of the plaintiff, Cornelius A. Hiebert, III. Hiebert was employed as a filling-station attendant by Harold M. Heston, d/b/a Heston Gulf Service Station. While engaging in horseplay with Young…