Oregon Federal Court Remands Contractor Garnishment Action to State Court
Triad Mech. v. Coatings Unlimited, Inc., 2007 WL 2713842 (D. Or. Sept. 12, 2007)
A general contractor successfully obtained a judgment against a subcontractor for breach of contract and negligence arising from a construction project. The general contractor then sought a garnishment action against one of the subcontractor’s insurers to collect the judgment, which was filed in Oregon state court. The general contractor was an additional insured under the subcontractor’s comprehensive general liability insurance. The insurer removed the action to federal court and the general contractor sought remand to state court. The district court remanded the action to state court.