State Farm Mutual Automobile Insurance v. Estes

— This action was commenced by appellee, the injured party, against the appellant insurance company on an insurance policy issued to one Lloyd Fisher. The appellant had denied coverage and the appellee had recovered a judgment by default against Fisher in the amount of $45,000. When the execution on such judgment against Fisher was returned unsatisfied, the appellee brought suit against the appellant under Acts 1935, Ch. 162, § 177, p. 588, § 39-4309, Burns’ 1965 Replacement.

At the .close of all the evidence appellant made a motion for a directed verdict in its favor, which was granted by the…