Hardware Mutual Casualty Co. v. Scott

Hall, Judge.

1. The plaintiff contends that, since the garnishee’s answer only pleaded that it was not indebted to the defendant insured, it was error for the trial court to consider evidence supporting the defense that the insurer was not liable because the insured had failed to comply with conditions of the policy. The facts showing the insurer was not liable on its contract with the insured existed at the time the insurer filed its answer and the evidence of these facts was not disputed and was proof that the insurer garnishee was not indebted to the defendant. The statutory provision (Code…