Cosmopolitan Mutual Insurance v. Wilson

CARROLL, CHAS., Judge.

This appeal is from a garnishment judgment against a liability indemnity insurer, after judgment in a negligence action had been rendered against the insured for an amount in excess of the policy limits, and which tort judgment had been appealed but not superseded.

The policy involved contained the following no-action clause:

“No action shall lie against the company * * * until the amount of *231the insurer’s obligation to pay shall have been finally determined either by judgment against the assured after actual trial or by a written agreement of the assured, the claimant and…