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GALLANT INS. CO. v. TOLIVER

No. 49A05-9704-CV-123.

695 N.E.2d 592 (1998)

GALLANT INSURANCE COMPANY, Appellant-Intervening Defendant, and Thomas A. Rickelman, Defendant, v. Leah A. TOLIVER, Appellee-Plaintiff.

Court of Appeals of Indiana.

Publication Ordered May 27, 1998.

Rehearing Denied May 27, 1998.

Attorney(s) appearing for the Case

Jon C. Abernathy, Karl G. Popowics, Goodin & Kraege, Indianapolis, for Appellants.

James F. Ludlow, Indianapolis, for Appellee-Plaintiff.

SHARPNACK, Chief Judge.

Gallant Insurance Company ("Gallant") appeals the denial of its motion to set aside the default judgment in the case of Leah Toliver against Thomas Rickelman for damages resulting from a car accident. The sole issue for our review is whether the trial court erroneously denied the motion. We reverse.

The relevant facts are undisputed. In August of 1995, Toliver was a passenger in a car that was struck by Rickelman. Mary Ann Walden, Toliver...

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