Legal Opinion

Kiernan v. Zurich Companies

Court of Appeals for the Ninth Circuit

Decided July 28, 1998No. 96-56854PublishedCited by 12 opinions

1Opinion of the Court

PREGERSON, Circuit Judge:

Plaintiff Christopher Kiernan suffered bodily injuries while parasailing from a boat owned by Capistrano Parasail, Inc.1 Kiernan sued Capistrano for damages. In 1994, a jury returned a verdict in Kiernan’s favor for $100,000. His costs of suit were $11,038.72. Capistrano failed to pay the judgment. Kier-nan then filed an action in state court against Capistrano’s insurer, Zurich Companies, to recover on the judgment. Kiernan brought his action against Zurich under California Insurance Code § 11580(b)(2), which permits a judgment creditor to bring a direct action…

2Cases cited10 opinions

  1. Wilburn Boat Co. v. Fireman's Fund InsuranceSupreme Court of the United States · 1955
  2. Morewitz v. West of England Ship Owners Mutual Protection & Indemnity Ass'n (Luxembourg)Court of Appeals for the Eleventh Circuit · 1995
  3. Mitchell B. Haisten, Individually and as the Administrator of the Estate of Jean E. Haisten v. Grass Valley Medical Reimbursement Fund, Ltd.Court of Appeals for the Ninth Circuit · 1986
  4. Hynding v. Home Accident InsuranceCalifornia Supreme Court · 1932
  5. Bohemia, Inc. v. The Home Insurance CompanyCourt of Appeals for the Ninth Circuit · 1984

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3Cited by12 opinions

  1. Wyatt v. TerhuneCourt of Appeals for the Ninth Circuit · 2003
  2. Mendez v. Bank of America Home Loans Servicing, LPDistrict Court, E.D. New York · 2012
  3. Commercial Union Insurance v. Sea Harvest Seafood Co.Court of Appeals for the Tenth Circuit · 2001
  4. Britamco Underwriters, Inc. v. Raymond E. Wallace Special Productions, Inc.District Court, E.D. Pennsylvania · 1999
  5. Phoenix Assurance PLC v. Marimed Foundation for Island Health Care TrainingDistrict Court, D. Hawaii · 2000

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