Foreman v. Jongkind Bros., Inc.

MILLER, Judge.

The issue presented is whether an insurer, who refused to defend its insured, is estopped in proceedings supplemental from showing that the damages recovered against its insured were not covered by its insurance policy, where that issue was not adjudicated or necessarily determined by a default judgment entered against its insured. The trial court held the insurer was not estopped and granted summary judgment in its favor.

We affirm.

FACTS

Indiana Insurance Company was the general liability carrier for Jongkind Brothers, Inc., a homebuilder located in La Porte County. In 1989, a…