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MILLER v. SHUGART

No. 81-533.

316 N.W.2d 729 (1982)

Lynette Fitzgerald MILLER, Respondent, v. Mark SHUGART, et al., Respondents, and Milbank Mutual Insurance Company, Appellant.

Supreme Court of Minnesota.

March 12, 1982.

Attorney(s) appearing for the Case

Wm. J. Nierengarten, Austin, for appellant.

Peterson & Thompson, Winona, for Miller.

Hoversten, Strom, Johnson & Rysavy, Austin, for Shugart, et al.

Considered and decided by the court en banc without oral argument.

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...

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