Miller v. Shugart

SIMONETT, Justice.

While Milbank Mutual Insurance Company was litigating whether it had coverage for both the insured car owner and the driver, the insured owner and the driver settled with the injured plaintiff and confessed judgment for a stipulated sum. After the coverage question was decided adversely to Milbank, plaintiff commenced a garnishment action against Milbank to collect on the judgment. Milbank appeals from an order in the garnishment proceeding granting plaintiff summary judgment to collect from Milbank on defendants’ confessed judgment to the extent of the policy limits plus…