State v. Joseph

OPINION

SHUMAKER, Judge.

Appellant Church Mutual Insurance Company appeals from the district court’s determination that the expiration of the statute of limitations and the application of collateral estoppel preclude appellant from raising the defense of lack of coverage in a proceeding to garnish insurance benefits. Because the district court erroneously applied the statute of limitations and collateral estoppel, we reverse and remand. Appellant moves that portions of respondent Henry’s appendix be stricken; we grant the motion.

FACTS

On November 27, 1992, Barbara Mae Joseph was driving a…