Gallant Insurance Co. v. Allstate Insurance Co.

OPINION

NAJAM, Judge

STATEMENT OF THE CASE

Gallant Insurance Company (“Gallant”) appeals the garnishment order against its policy issued to Kelli Moore, who was involved in an automobile accident with Donald Richey, Jr. Allstate Insurance Company, as Richey’s subrogee (“Allstate”), brought proceedings supplemental to collect a default judgment against Moore. The sole issue presented for review is whether Moore’s failure to forward suit papers to Gallant precludes recovery where the insurance policy states that Gallant shall not be liable unless it receives actual notice of a lawsuit before a…