Paul v. Kirkendall

WORTHEN, Justice.

Appeal from an interlocutory order denying appellant’s motion for summary judgment. Defendant Kirkendall will be referred to as defendant.

Plaintiffs herein recovered a judgment entered upon a jury verdict against defendant in the sum of $20,000 for personal injuries arising out of an automobile accident. That judgment was affirmed on appeal to this court: 1 Utah 2d 1, 261 P.2d 670.

Garnishee, appellant herein, had issued a policy of insurance in favor of defendant, and paid the judgment to the limit of its policy coverage of $10,000, together with interest.

Plaintiffs, after…