San Diego Housing Commission v. Industrial Indemnity Co.

Opinion

HUFFMAN, J.

This case requires us to determine the rights of a judgment creditor of an insured, in an action against an insurer seeking insurance policy proceeds under Insurance Code 2 section 11580, subdivision (b)(2), to recover under the liability insurance policy’s supplementary payments provision (SPP). In this type of action, the judgment creditor is entitled to recover against the insurer “on the policy and subject to its terms and limitations,” pursuant to a judgment the creditor had earlier obtained against the insured. We will conclude that the SPP dealing with costs and…