Moral Insurance Company v. Fechtel

WELCH, Justice.

The Fetchels (defendants in error here) sued and recovered separate judgments against Leona Roof for damages for personal injuries received in an automobile collision in February, 1952. They were unable to collect from Roof and thereupon (in aid of execution) garnisheed Moral Insurance Company which had issued a public liability policy to Roof.

Moral admitted issuing the policy to Roof in May, 1951, which by its terms would extend to May, 1952. Moral denied the policy was in force in February, 1952, contending there was vitiating fraud on the part of Roof in representations made…