Ronald K. Richardson v. Geneva Brown, Allstate Insurance Company, Garnishee-Appellee

BREITENSTEIN, Circuit Judge.

Plaintiff-appellant Richardson recovered a $17,000 default judgment against Geneva Brown for injuries sustained in a January 11, 1969, Oklahoma automobile accident. In the state court proceedings Richardson garnisheed appellee Allstate Insurance Company and asserted that Allstate had insured Brown. Allstate removed the case to federal court on diversity grounds. On Allstate’s motion for summary judgment, the trial court held that the policy had been can-celled before the accident and dismissed the garnishment.

On November 4, 1968, Brown applied to an Oklahoma agent…