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SMITH v. MIDWEST MUTUAL INSURANCE COMPANY

No. 1271A256.

289 N.E.2d 788 (1972)

Roger Ray SMITH, Plaintiff-Appellant, v. MIDWEST MUTUAL INSURANCE COMPANY, Defendant-Appellee.

Court of Appeals of Indiana, Second District.

Rehearing Denied January 22, 1973.

Attorney(s) appearing for the Case

Alfred H. Plummer III, Plummer, Tiede, Magley & Metz, Wabash, for plaintiff-appellant.

Albert C. Harker, Kiley, Osborn, Kiley & Harker, Marion, for defendant-appellee.

SULLIVAN, Judge.

The basic issue of this appeal concerns the status of an insurer-intervenor in a suit by the plaintiff-insured against a motorist but in which plaintiff makes no allegation concerning whether the defendant is or is not insured.

Roger Ray Smith was injured when the motorcycle he was driving and an automobile operated by Ross D. DeLong collided. Smith filed his complaint for personal injuries against DeLong, a non-resident, on March 28, 1969...

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