National Mutual Insurance Co. v. Sparks

OPINION

ROBERTSON, Judge.

The National Mutual Insurance Company appeals the order of garnishment entered in favor of its insured, Leann Sparks, in the amount of $100,000.00 in these proceedings supplemental brought by Sparks to enforce a judgment against the judgment-debtor, Alice Fay Giltz. National raises four issues, but because one requires reversal, we address it only. Restated it is:

Whether Sparks may use proceedings supplemental against her own insurer, who was not a party to the underlying litigation, to enforce a judgment against a judgment-debtor to whom National owes no obligation?

FAC…