Barry v. Milbank Mutual Insurance Company

REYNOLDSON, Justice.

Court-tried law action grounded on § 516.1, Code, 1971, brought by judgment creditor of insureds against liability insurance carrier. Defendant insurer appeals from adverse judgment. We affirm.

Insofar as relevant here, § 516.1 provides that all liability policies shall contain a provision that in event an execution on a judgment against an insured is returned unsatisfied in litigation by an injured person, the judgment creditor shall have the same right of action against the insurer as the insured would have had after paying the judgment.

Defendant’s assignments of error…