Carroll v. Preferred Risk Insurance

The majority opinion correctly states, “The critical issue posed on this appeal is whether or not the third party, John Mimms, was insured for liability with Adams Mutual Insurance Company at the time of the accident.” Curiously, however, neither John Mimms nor the Adams Mutual Insurance Company is a party to this action. John Bolton, special deputy liquidator of the Adams Mutual Insurance Company, was named as a party defendant but the summons was returned “not found” as to him. Mimms was not named as a party defendant. In my opinion the trial court should have directed that these parties be…