Can a third party claimant bring a direct action against an insurance company on the contract?

California, United States of America


The following excerpt is from Kwon v. Infinity Ins. Co., E068316 (Cal. App. 2019):

"As a general rule, absent an assignment of rights or a final judgment, a third party claimant may not bring a direct action against an insurance company on the contract because the insurer's duties flow to the insured. [Citations.] There are several exceptions to the general rule which prohibits a third party claimant from suing an insurer. For example, . . . a claimant may sue the insurer as a third party beneficiary utilizing traditional contract principles." (Harper v. Wausau Ins. Co. (1997) 56 Cal.App.4th 1079, 1086-1087.)

Other Questions


Can a third party judgment creditor bring a direct action against the insured under Insurance Code section 11580? (California, United States of America)
If the full credit bid rule is extended to bar fraud actions against third parties, can appellant bring an action against the third party? (California, United States of America)
Does an insurer have to defend an insured in a third party action for copyright infringement arising from the display of a copy of a painting in the lobby of a building the insureds owned? (California, United States of America)
In a personal injury action, does the insurance company have standing to bring a motion to vacate judgment against the insured? (California, United States of America)
Can a writ of mandate be issued to vacate an order preventing a plaintiff from suing her insurance company while a third party action is pending? (California, United States of America)
Is a determination that the insured was liable a prerequisite to recovery by the third party claimant against the liability insurer? (California, United States of America)
Can a third party claimant be adjudicated as a party in a divorce action? (California, United States of America)
Can a plaintiff bring an action under Insurance Code section 790.03 against an insurer for breach of the Insurance Code? (California, United States of America)
Can a beneficiary of a third party creditor beneficiary contract rescind the contract before the commencement of an action against the beneficiary? (California, United States of America)
Does an insurer have a right to control defense and settlement of the third party action against its insured? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.