Bollinger v. Nuss

The opinion of the court was delivered by

O’Connor, J.:

This was a garnishment proceeding to determine the extent of the insurer’s liability where a judgment rendered against its insured exceeded policy limits.

The plaintiff, Walter Bollinger, recovered a judgment for $30,483.84 against the defendant, Karl Nuss. Defendant’s insurer, Western Casualty and Surety Company, using the services of Mr. Tudor W. Hampton, an attorney of the Barton County Bar, defended the case under the obligations of its policy. After the insurer paid its policy limits of $25,000 into court, an order of garnishment was…