California, United States of America
The following excerpt is from Clemmer v. Hartford Ins. Co., 135 Cal.Rptr. 848, 66 Cal.App.3d 207 (Cal. App. 1977):
'Preliminary to a discussion of the issues here involved, it is well to point out that it is now definitely settled here, and in a majority of the states, that in an action of this character the injured person stands in no better position than the assured and that a violation by the latter of a cooperation clause which would serve to preclude the assured from indemnity under his policy will likewise bar the injured person from recovering against the insurer should the judgment in his favor and against the assured remain unsatisfied. (Hynding v. Home Acc. Ins. Co., 214 Cal. 743, 746-751, 7 P.2d 999, 85 A.L.R. 13.)'
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