Crist v. Hunan Palace, Inc.

The opinion of the court was delivered by

Luckert, J.:

This is a garnishment action arising out of a personal injury lawsuit filed by Sunny Crist against Hunan Palace, Inc. (Hunan) and its delivery driver. The matter was tried upon stipulations resulting in judgment in Crist’s favor, and Crist instituted garnishment proceedings against Hunan’s commercial general liability insurance carrier which had refused to defend the suit. The district court granted Crist’s motion for summary judgment and denied the insurer’s motion for summary judgment. The insurer appealed, and the Court of Appeals…