Davis v. Great American Insurance

Plaintiffs obtained a default judgment for $45,000 against a person to whom defendant has issued a homeowner’s insurance policy providing personal liability coverage up to $50,000. Prior to entry of the default judgment against defendant’s insured, defendant had refused its insured’s request to defend and indemnify the insured in connection with plaintiffs’ suit, and defendant’s insured then entered into a written agreement with plaintiffs assigning to the latter any and all rights the insured had against defendant under the insurance policy. After entry of the default judgment against the…