Sours v. Russell

Royse, J.:

This is a garnishment proceeding. The district court ruled in favor of the garnishee, American States Insurance Company (American States), and the plaintiff, James Sours, appeals.

This case has a complicated factual and procedural history. Highly summarized, the record indicates that James Sours was involved in a motor vehicle collision with Rollin Russell on September 26, 1989. Russell was insured by American States at the time of the collision. In January 1990, American States offered to pay Sours the $25,000 limits under its policy covering Russell. Sours refused the offer.

Sours…