Lappo v. Thompson

Defendant garnishee Safeway Insurance Company appeals from a garnishment judgment in which it was ordered to reimburse plaintiff Silvana Lappo for injuries sustained in an automobile accident caused by the assured, defendant Shirley Thompson. As a defense, Safeway unsuccessfully raised the assured’s refusal to cooperate in the defense of the lawsuits resulting from the accident. The trial court ruled that Safeway waived this defense by defending the assured. Safeway appealed.

On appeal, Safeway contends that the trial court erred in finding that it waived the defense of noncooperation by the…