Drinnon

This controversy arises out of an accident that occurred on July 6, 1968, when A. Drinnon was struck from the' rear by a Willys jeep operated by F. T. Oliver. After Oliver’s insurer, Allstate Insurance Company (hereafter Allstate), denied coverage, Drinnon obtained a default judgment against Oliver. Drinnon and Oliver settled their controversy and commenced an action against Allstate. Thereafter, Allstate moved to set aside the default, intervene in the action between Drinnon and Oliver, and file an, answer on behalf of Oliver.

On this appeal by Drinnon and Oliver from the order setting aside the default judgment and permitting Allstate to intervene and answer, the contentions are: 1) Oliver and Drinnon were not estopped from enforcing the default judgment against Allstate; 2) the default judgment was not void on its face; 3) Allstate should not have been permitted to intervene after judgment, as Code of Civil Procedure section 387 permits intervention only before judgment; 4) there were no grounds for setting aside the default judgment pursuant to Code of Civil Procedure section 473; 5) the court erroneously admitted hearsay and made findings not supported by the…