Ronald Apalucci v. Agora Syndicate, Inc

OPINION OF THE COURT

ROSENN, Circuit Judge.

On this appeal, we are asked to decide a question of first impression in Pennsylvania: whether an insurer’s failure to defend under its liability insurance policy, which results in a default judgment being entered against its insured, entitles a third-party beneficiary of the policy to sue the insurer to collect the judgment when the policy only permits such suits after an “actual trial.” In this case, plaintiff, Ronald Apalucci, obtained a default judgment against C.R. Management Enterprises, Inc. t/a Tijuana Yacht Club (the “Tijuana Yacht Club” or…