Kipkey v. Casualty Ass'n of America

December 11, 1929, plaintiff had judgment against Clarence Jackson for injuries sustained in an automobile collision. Defendant, insurer in a policy to Jackson, assumed and conducted the defense of the negligence suit. March 8,1930, plaintiff brought garnishment proceedings against defendant on the judgment. Defendant disclosed and claims that it is not indebted to Jackson under the policy because the contract is for indemnity against loss, not insurance against liability, Jackson has not paid the judgment, and, therefore, has sustained no loss.

The pertinent portions of the policy are:

“(1) T°…