Russell v. Prudential Property & Casualty Insurance Co.

OPINION

HUNTER, Presiding Judge:

On December 24, 1988, Philip J. LaBonte, third-party defendant in the case before the district court, was driving a 1972 Datsun when he became involved in an accident with a car driven by Diane Russell. Russell and her minor child, Melissa, were injured.

*457The Russells filed suit against their automobile insurance carrier, Prudential Property & Casualty Insurance Company (Prudential), under their uninsured motorist coverage. The Russells then settled their claim against Prudential.

Prudential filed a cross-claim ^against La-Bonte. When LaBonte failed to answer, the…