Insurance Co. of North America v. Cape Industries, Ltd.

How courts have described this case

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

• “the rights of the judgment creditor against the insurer are no better than those of the [insured] tortfeasor”
• an injured “party having brought suit against an alleged tortfeasor had standing to seek a declaration as to the validity of the alleged tortfeasor’s liability insurance policy”
• “a liability insurance carrier cannot cut off the rights of a third [party] who has filed suit against the insured merely by obtaining a judgment against the insured declaring that a policy defense is operative”
• “a liability insurance carrier cannot cut off the rights of a third [party] who has filed suit against the insured merely by obtaining a judgment against the insured declaring that a policy defense is operative”

Source: CourtListener parenthetical corpus (CC0).