Tennessee Farmers Mutual Insurance Company v. Jacqueline Hall Johnson

Before taking his own life, the Defendant’s husband shot and killed another individual, resulting in a civil suit brought by the victim’s family.  An insurance company with whom the husband had a policy brought a declaratory judgment action seeking a declaration that the Defendant’s husband’s actions were not covered by the insurance he had obtained.  A sheriff’s deputy tried to serve process.  The Defendant, however, was not home, and the deputy left a contact card.  The Defendant called the deputy, and, after discussion, she instructed the deputy to leave the documents with a particular individual at her home.  The deputy followed these instructions.  The Defendant did not respond to the suit and a default was entered.  Months later, the Defendant, alleging the deputy failed to effectuate valid service of process, sought to have the default set aside.  The trial court disagreed and declined to set aside the default.  The Defendant then asked the trial court to alter its order, asserting for the first time that she was not a proper party to the Company’s suit.  The trial court declined.  The Defendant appealed.  We affirm.