Meirthew v. Last

Plaintiff recovered judgment in the principal suit against defendant Last. The judgment not being paid, plaintiff sued out garnishment against the American Fellowship Insurance Company, designated herein as the garnishee. The garnishee filed disclosure denying liability, alleging that Last’s policy of liability insurance, which by the garnishee had been issued to Last and was in effect at the time plaintiff’s right of action against Last accrued, included under the heading “risks excluded” this clause:

“The company shall not be liable for any loss or claim arising while the automobile shall be…