West v. MacMillan (Et Al.)

Opinion by

Mr. Justice Kephart,

Appellee recovered a judgment for personal injuries, and issued an attachment execution, summoning appellant (the insurance company) as garnishee. The latter denied liability under the policy because the insured had not actually paid the judgment found against him for damages resulting from his negligence in the operation of his car. The court below denied appellant’s claim and entered judgment for appellee. Appellant makes the same contention here which it did in the court below,— that no liability attaches to the insurer until the insured has actually paid the…