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NIESZ v. ALBRIGHT

No. 1548.

217 So.2d 606 (1969)

Mildred E. NIESZ, Appellant, v. Eddie L. ALBRIGHT, Alan Wayne Albright, Alexander Watkins and Iowa Mutual Insurance Company, a Foreign Corporation Authorized to Do Business in the State of Florida, Appellees.

District Court of Appeal of Florida. Fourth District.

January 15, 1969.

Attorney(s) appearing for the Case

Joel T. Daves III, of Paty, Downey, Lewis & Daves, Palm Beach, for appellant.

Samuel H. Adams and John R. Beranek, of Jones, Adams, Paine & Foster, West Palm Beach, for appellant-Iowa Mut. Ins. Co.

OWEN, Judge.

Mildred Niesz recovered a judgment against Watkins for personal injuries arising out of an automobile collision, following which she brought a garnishment action against Iowa Mutual Insurance Company as the liability insurance carrier on the Watkins' vehicle. Iowa Mutual [which had defended Watkins in the personal injury action under a non-waiver agreement] denied any obligation to pay the judgment on the grounds that Watkins had breached the policy condition...

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