Can a judgment creditor against an insurer recover on a claim against the insurer?

California, United States of America


The following excerpt is from Sanchez v. Truck Ins. Exchange, 21 Cal.App.4th 1778, 26 Cal.Rptr.2d 812 (Cal. App. 1994):

Section 11580 requires every liability policy issued in California to contain a provision that whenever judgment is secured against the insured in an action based upon bodily injury, death, or property damage, for which the insurer is liable, then an action may be brought by the judgment creditor against the insurer to recover on the judgment. It is well settled that a policy provision that is in derogation of or in conflict with the purpose of this statute is invalid. (See e.g., Malmgren v. Southwestern A. Ins. Co. (1927) 201 Cal. 29, 33, 255 P. 512 [policy required as a condition precedent to injured person's right of action that execution on the judgment be returned unsatisfied by reason of bankruptcy or insolvency of the insured], questioned on another ground in State Compensation Ins. Fund v. Bankers Indem. Ins. Co. (1939) 106 F.2d 368, 373; Olds v. General Acc. Fire etc. Corp. (1945) 67 Cal.App.2d 812, 155 P.2d 676 [policy provided for a shorter period to bring suit than that authorized by the applicable statute of limitations].)

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