Smith v. Progressive Casualty Insurance Co.

CLIFFORD H. AHRENS, Judge.

Progressive Casualty Insurance Company appeals from the judgment in an equitable garnishment filed by plaintiff David Smith for recovery of insurance money in satisfaction of a consent judgment Smith entered into with Nathaniel Applewhite, the insured. Progressive claims the trial court erred in ordering it to pay the consent judgment because it asserts Apple-white materially breached the terms of the insurance policy thereby relieving Progressive of liability. We reverse and remand.

This equitable garnishment action was submitted to the court upon stipulated facts.…