Linder v. Hawkeye-Security Insurance Company

The sole question presented in this case is whether or not any possible claim that an insured driver of an automobile might have against his insurance carrier for “excess coverage” over and above the policy limits is subject to equitable garnishment by those having obtained judgments against the insured in amounts exceeding the coverage designated in the policy. We are compelled to hold that it is not.

Factually, the record reflects that Lin-der, the insured driver, was on April 28, 1956, involved in a collision with an automobile in which the Haynes family was riding. Mrs. Haynes was killed…