Franklin Allen v. Wayne Bryers, Atain Specialty Insurance Company

Franklin Allen (hereinafter, “Allen”) obtained a $16 million personal injury award against Wayne Bryers (hereinafter, “Bryers”) after Bryers’ handgun discharged and severely injured him. Allen subsequently filed a Rule 90 garnishment action in aid of execution seeking proceeds from an insurance policy issued by Atain Specialty Insurance Company (hereinafter, “Insurer”), which insured the premises where the shooting occurred.1 Insurer appeals the garnishment court’s judgment and the denial of its motions to intervene and to set aside the underlying tort judgment on the basis of fraud.

This…