Harvey v. Johnson

Garnishee, an insurance company, appeals from a judgment which required it to pay the full amount of a judgment entered against one of its policy holders, Willie Johnson. Basically, garnishee contends that the affirmative defense of noncooperation was established.

A judgment in the amount of $7620 was entered against Johnson in a personal injury action arising out of an automobile accident which occurred on May 18, 1967. At the time of the accident Johnson was insured by garnishee under a policy which included the following provisions, commonly referred to as a “cooperation clause”:

“5.…