Farmers Mutual Insurance v. Fischer

The policy issued by the defendant contained the usual “no-action” clause providing that:

“No action shall lie against the company . . . until the amount of the insured’s obligation to pay shall have been finally determined either by judgment against the insured after actual trial or by written agreement of the insured, the claimant and the company. . . . Nothing contained in this policy shall give any person or organization any right to join the company as a co-defendant in any action against the insured to determine the insured’s liability.”

The legislature, however, has seen fit to make…