Perlman v. Independence Indemnity Co.

The policy issued by the defendant was clearly within section 109 of the Insurance Law (added by Laws of 1917, chap. 524, as amd. by Laws of 1924, chap. 639). Under said section all such policies are deemed to include the provision required by the section and the absence of any provision required thereby • is no defense. Section 109 further provides that in case execution against the assured is returned unsatisfied because of the insolvency or bankruptcy of the assured an action may be maintained by the injured person against the insurance company. The claim, therefore, that no levy was made…