Major v. National Indemnity Co.

Ness, Justice:

This is an appeal from a denial of the demurrer interposed by the appellant, National Indemnity Company, on the basis of a defect or non-joinder of necessary parties. The only issue presented on this appeal is the propriety of this direct action solely against National Indemnity.

On March 2, 1973, a truck owned and operated by Evans and McDonald Trucking Company collided with a school bus. As a result of this collision several suits were instituted against National Indemnity Company, the liability insurer of the trucking company.

It is stipulated that at the time of the accident…