Coleman v. State Farm Mutual Automobile Insurance

Banke, Presiding Judge.

Appellant Franklin Delano Coleman was involved in a collision while driving his Nissan pickup truck, accompanied by his son, appellant John A. Coleman. Both were severely injured; and the driver of the other vehicle, Rex Phillips, was killed. The appellants received $25,000 apiece from Phillips’ liability insurer and executed a covenant in favor of the administrator of his estate agreeing not to enforce against the estate any judgment obtained in subsequent litigation arising from the accident. The appellants then filed the present action against Phillips’…