Peterson v. Western Casualty and Surety Company

CROCKETT, Chief Justice:

Marie E. Peterson, who had obtained a judgment against one Chuck Shim Lew for $12,500 for injuries suffered in an automobile collision, sued Western Casualty and Surety Company, Lew’s insurer, to compel payment of the judgment. The policy contained the usual provision that a judgment creditor of the insured may bring such a suit. The defense relied upon by Western Casualty was that its insured had breached the cooperation clause of the policy and thus relieved it from liability. The trial court gave judgment to the plaintiff for the policy limit of $10,000, plus…