Landaker v. Anderson
| Decision Date | 29 November 1927 |
| Docket Number | 20710. |
| Parties | LANDAKER et ux. v. ANDERSON et al. |
| Court | Washington Supreme Court |
Department 1.
Appeal from Superior Court, Okanogan County; Neal, Judge.
Garnishment proceeding by Fred W. Landaker and wife against A. Anderson and the Ocean Accident & Guarantee Corporation, Limited. From a judgment for plaintiff, the garnishee, the Ocean Accident & Guarantee Corporation, Limited, appeals. Affirmed.
Charles E. Swan, of Spokane, for appellant.
P. D Smith and Chas. A. Johnson, both of Okanogan, for respondents.
This is a garnishment proceeding based upon a judgment entered in favor of respondents and against the principal defendant in an action to recover for personal injuries inflicted by an automobile operated by the defendant. The original action was defended on behalf of the defendants therein by the insurer whose attorney alone appeared and defended the action up to the time of the entry of the judgment. After judgment, a demand was made by the defendant Anderson upon the insurer to satisfy the judgment in accordance with the terms of the policy, which demand was not complied with. Thereafter the judgment creditor caused a writ of garnishment to be issued and served upon the appellant, and it answered thereto denying any indebtedness from into Anderson or the possession of any property or effects belonging to Anderson. This answer was controverted by affidavit, setting up the issuance of a liability policy by the garnishee prior to the accident, with sufficient facts to indicate that an indebtedness had accrued thereon. The issue thus formed was tried to the court, resulting in a judgment against the garnishee, in an amount sufficient to cover the original judgment, with interest and costs. The garnishee has appealed.
The policy in question provides:
'To insure the assured against loss from the liability imposed by law upon the assured for damages, or account of bodily injuries, including death at any time resulting therefrom, whether instantaneous or not, accidentally suffered, or alleged to have been suffered by any person or persons (except as provided in condition B hereof) as a result of the ownership, maintenance, or use, for the purposes described in declaration 6, of any automobile described in declaration 8, and to pay and satisfy judgments finally establishing assured's liability in actions defended by the company, all subject to the limits expressed in paragraph 10 of the declarations. * * *'
The other provisions of the policy referred to in the portion quoted...
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