Insurer successfully defends equitable garnishment action after 537.065 rollover agreement
Scotty Dry was injured in an automobile collision with Charley Reed. Reed was driving a forklift owned by United Fire & Casualty insured Wingo Masonry. Dry contended Reed was a "volunteer worker" of Wingo Masonry as defined in the United Fire policy. United Fire disagreed but defended Reed under a reservation of rights. Reed eventually rejected the reservation of rights defense, entering into a 537.065 agreement with Dry. Dry's case proceeded to trial in Christian County and Judge Mark Orr entered a judgment of $510,000 in Dry's favor. Dry then filed an equitable garnishment against United Fire in Greene County to collect on the judgment. After hearing evidence and arguments in the equitable garnishment trial, Judge Jason Brown entered a Judgment which included 114 Findings of Fact in favor of United Fire. John Schultz defended the case and was trial counsel for United Fire.