Legal Opinion

Lang v. Hanover Insurance

New York Court of Appeals

Decided November 18, 2004PublishedCited by 133 opinions

1Opinion of the Court

OPINION OF THE COURT

Graffeo, J.

Insurance Law § 3420 grants an injured plaintiff the right to . sue a tortfeasor’s insurance company to satisfy a judgment obtained against the tortfeasor. The issue presented in this appeal is whether the injured party may bring a declaratory judgment action against the insurance company before securing a judgment against the tortfeasor. We hold that a judgment is a statutory condition precedent to a direct suit against the tortfeasor’s insurer.

Plaintiff David Lang was injured when he was struck in the eye while playing “paintball” at the home of John and…

2Cases cited5 opinions

  1. Solnick v. WhalenNew York Court of Appeals · 1980
  2. Coleman v. New Amsterdam Casualty Co.New York Court of Appeals · 1928
  3. Thrasher v. United States Liability InsuranceNew York Court of Appeals · 1967
  4. Jackson v. Citizens Casualty Co.New York Court of Appeals · 1938
  5. Burke v. London Guarantee & Accident Co.New York Supreme Court · 1905

3Cited by133 opinions

  1. St. Paul Fire & Marine Insurance v. Universal Builders SupplyCourt of Appeals for the Second Circuit · 2005
  2. Pfizer Inc. v. Law Offices of Peter G. Angelos (In Re Quigley Co.)Court of Appeals for the Second Circuit · 2012
  3. Gail Greenidge and Geary Greenidge v. Allstate Insurance Company, Docktet No. 04-1515 CvCourt of Appeals for the Second Circuit · 2006
  4. Maroney v. New York Central Mutual Fire InsuranceNew York Court of Appeals · 2005
  5. Continental Insurance v. Atlantic Casualty InsuranceCourt of Appeals for the Second Circuit · 2010

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