Juedell T. Lawrence v. Virginia Insurance Reciprocal

BARKSDALE, Circuit Judge:

For the most part, this appeal turns on whether an insurer, which did not defend an underlying action against its insured, is therefore estopped from asserting sovereign immunity in defending against a garnishment by the plaintiff from the prior action. Juedell T. Lawrence appeals from a summary judgment granted Virginia Insurance Reciprocal (VIR) on her garnishment action to collect punitive and mental anguish damages awarded her in a state court action against VIR’s insured, Southwest Mississippi Regional Medical Center (Southwest). Because VIR is not estopped, we…