Lang v. Hanover Insurance

How courts have described this case

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

• noting that § 3420(a)(2) remedied “inequity” of common law “by creating a limited statutory cause of action on behalf of injured parties directly against insurers”
• explaining that, under New York law, “a stranger to [an insurance] policy” can recover against an insurer only when he “has obtained a judgment against the insured” (quoting N.Y. Ins. Law § 3420(b)(1))
• “[H]aving chosen not to participate in the underlying lawsuit, the insurance carrier may litigate only the validity of its disclaimer and cannot challenge the liability or damages determination underlying the judgment.”
• “a judgment” against the tortfeasor “is a statutory condition precedent to a direct suit against the tort-feasor’s insurer”
• \a judgment\ against the tortfeasor \is a statutory condition precedent to a direct suit against the tortfeasor's insurer\
• “[A]n insurance company that disclaims in a situation where coverage may be arguable is well advised to seek a declaratory judgment concerning the duty to defend or indemnify the purported insured.”

Source: CourtListener parenthetical corpus (CC0).