Central Supply of Virginia, Inc. v. Commonwealth Life Insurance Co.

WILHOIT, Judge.

The appellant, Central Supply Company of Virginia, obtained a judgment against the appellee Homer Osborne in November 1987. The appellant attempted in March 1988 to garnish the cash surrender value of a life insurance policy issued by the appel-lee Commonwealth Life Insurance Company on Mr. Osborne. Mr. Osborne did not claim any exemption; however, the insurer resisted the garnishment claiming as exempt the cash surrender value of the policy. On the appellant’s motion for summary judgment, the circuit court held that the insurer as garnishee may claim an exemption of the debtor…