Wolff v. Halloway

On an automobile personal injury claim, plaintiff obtained a default judgment against defendant for $7,500. Upon learning that after the accident, defendant’s insurance company had become insolvent and was in receivership, plaintiff used this judgment as the basis for a garnishment proceeding against his own automobile insurance carrier under the uninsured motorist clause of the policy. * Judgment was rendered against the garnishee, which now appeals.

Its contentions are that: (1) the relationship among the parties is such that garnishment does not lie; (2) alternatively, insolvency of…