Mollihan v. Stephany

Mr. PRESIDING JUSTICE SULLIVAN

delivered the opinion of the court:

This is an appeal from the judgment following a bench trial denying plaintiff, a judgment creditor, relief under an automobile insurance policy issued by State Farm Automobile Insurance Company (garnishee) to defendant, the judgment debtor.

Initially, plaintiff filed a complaint seeking damages because of alleged negligence of defendant when the vehicle he was driving collided with the rear of plaintiff’s automobile. Defendant was personally served with summons but failed to appear, and a default judgment in the amount of $5,500…