Burbach v. Armstrong Rigging & Erecting, Inc.

OPINION

KLAPHAKE, Judge.

Alfred Burbaeh sued Armstrong Rigging and Erecting (Armstrong) for personal injuries that were allegedly caused by an Armstrong employee. Armstrong and its insurer, Continental Casualty (Continental), settled with Burbaeh pursuant to a so- called Miller-Shugart agreement, whereby Burbach released his claims against Armstrong and Continental and agreed to pursue his action solely against his employer’s insurer, Carolina Casualty (Carolina). Bur-bach then brought this supplemental complaint in garnishment against Carolina. The district court granted summary judgment in…