Aetna Casualty & Surety Co. v. Martin

ALEX P. HUMPHREY, Special Commissioner. Appellee Florence Martin, Administratrix, recovered judgment in the Knott Circuit Court for $21,500 against appellee Troy Mullins for damages on account of the death of her decedent occasioned by an automobile accident. Troy Mullins carried a liability policy with the appellant, Aetna Casualty & Surety Company, which was in force at the time of the accident. Following the issuance of an execution on the judgment and its return unsatisfied, this action was instituted by the administratrix as a beneficiary under the policy against the appellant and against the appellee, Mullins, by way of a bill of discovery. Mullins has cross-claimed against the appellant for the amount of judgment against him and also for recovery of his attorney's fee and costs in defending the wrongful death action. The instant case was submitted to the court on the pleadings and depositions taken, and judgment was entered against the appellant upon the findings and conclusions.