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Jones v. Phillips
190643 Jones v. Phillips 12/03/2020 On a motion to quash in a garnishment proceeding, an insurer's payments under a fire insurance policy were not immune from garnishment as "proceeds of the sale or dispositio…
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190643 Jones v. Phillips 12/03/2020 On a motion to quash in a garnishment proceeding, an insurer's payments under a fire insuranc…
- Court
- Supreme Court of Virginia
- First seen
- Oct 4, 2026
- Last entry
- Dec 3, 2020
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190643 Jones v. Phillips 12/03/2020 On a motion to quash in a garnishment proceeding, an insurer's payments under a fire insurance policy were not immune from garnishment as "proceeds of the sale or disposition" of property held in trust under former Code § 55-20.2(C), recently recodified as Code § 55.1-136(C). Disposition involves an act of transferring something to another's care or possession, or the relinquishing of property, and in this case the property was not transferred to the insurer or to anyone else. There being no disposition of property, the statutory immunity does not apply. An alternative argument that a couple's contractual right to the insurance payments as intangible pers…
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