Pinto v. Buckeye Union Insurance

Garnishee defendant Buckeye Union Insurance Company appeals from a default judgment entered against it in plaintiff Diane Pinto’s garnishment action to collect on a judgment obtained in the underlying medical malpractice claim against defendants Burns Newby and Burns G. Newby, M.D., P.C. We affirm in part and remand for further proceedings.

Plaintiffs Pinto and John Pietrofesa obtained a judgment for $330,000 against the principal defendants in the underlying action. Buckeye had issued a medical malpractice insurance policy covering the principal defendants with a policy limit of $100,000. The…