Bergstein v. Popkin

We shall first consider the question of law raised by the defendant corporation’s plea in abatement. It is the contention of the defendant insurance corporation that the quoted clause of the policy operates to *628defer the time of commencement of action by a party who has been damaged as against the insurer until the amount of the liability of the insured shall have been determined by a judgment in an action against the insured or by agreement of the parties. The defendant insurer does not claim that the clause in question negatives direct liability, but merely that it operates to postpone the…