Fidelity and Cas. Co. of New York v. Cope

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that because excess judgment against insured was satisfied before the bad faith lawsuit was filed, the insured no longer had a cause of action against the insurer and therefore neither did the third-party claimant
• “Upon [the judgment] being satisfied, [the insured party] no longer had a cause of action; if he did not, then [the injured party] did not.”
• “[The injured party’s] action was not separate and distinct from, but was derivative of[,] [the insured party].”
• “We did not ex- tend the duty of good faith by an insurer to its insured to a duty of an insurer to a third party.”
• third party may not bring a bad faith action against a driver's insurer in situation where the excess judgment has been satisfied and no assignment has been made prior to satisfaction
• bad faith claim requires that insured be “exposed to an excess judgment”

Source: CourtListener parenthetical corpus (CC0).