Smith v. Government Employees Insurance Co.

DAVISON, Justice:

We are asked to determine whether the evidence before a trial court in a garnishment proceeding was sufficient to sustain the judgment rendered against the garnishee. The issue which proved decisive in the case is: In a garnishment proceeding against an excess insurer, which party has the burden of proving that the limits of other insurance policies involved have been exhausted?

The factual situation giving rise to the garnishment proceeding is as follows: Mr. Smith, owner of an automobile, loaned the automobile to Mr. Brádley, who subsequently damaged the car when he drove it…