Fidelity & Casualty Co. v. Cross

On October 14,1920, Dr. Cimillos Cross instituted a suit in the circuit court of Clay county against the Fidelity & Casualty Company of New York seeking to recover on a permanent disability policy for certain periods of disabil*639ity then claimed by him. Service of summons was had on T. M. Henry, state insurance commissioner, and, the casualty company having failed to enter its appearance, in due-course, at the January, 1921 term of the coúrt, a default judgment was entered against the company. After the adjournment of the term of court, notice of the default judgment was given to the insurance…