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HARVEY v. JOHNSON

No. 60288.

30 Ill. App.3d 750 (1975)

332 N.E.2d 680

EDWARD LEE HARVEY, JR., a Minor, by His Mother and Next Friend, PATSY A. HARVEY, Plaintiff-Appellee, v. WILLIE JOHNSON, Defendant. — (MERIT INSURANCE COMPANY, a/k/a MERIT MUTUAL INSURANCE COMPANY, Garnishee-Appellant.)

Appellate Court of Illinois — First District (5th Division).

July 11, 1975.

Attorney(s) appearing for the Case

Jacobs, Williams and Montgomery, Ltd., of Chicago (Barry L. Kroll and Peter D. McClanathan, of counsel), for appellant.

Reese & Schaffner and Berkson & Gorov, both of Chicago (Arthur M. Gorov and Michael Schaffner, of counsel), for appellee.

Judgment affirmed.

Mr. JUSTICE DRUCKER delivered the opinion of the court:

Garnishee, an insurance company, appeals from a judgment which required it to pay the full amount of a judgment entered against one of its policy holders, Willie Johnson. Basically, garnishee contends that the affirmative defense of noncooperation was established.

A judgment in the amount of $7620 was entered against Johnson in a personal injury action arising out of an automobile...

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