Legal Opinion

McKee v. National Union Fire Insurance

California Court of Appeal

Decided April 28, 1993No. B062944PublishedCited by 25 opinions

1Opinion of the Court

Opinion

VOGEL (Miriam A.), J.

The question in this case is whether a judgment creditor may sue a judgment debtor’s insurance company under subdivision (b)(2) of section 11580 of the Insurance Code before an appeal from the judgment in the underlying action is resolved or the time within which to pursue an appeal has passed. Our answer is no.

Facts

In 1985,14-year-old Dwayne McKee was shot and injured by 13-year-old Jeffrey Townsend while the boys were playing at the home where Jeffrey *284lived with his parents, David and Marilyn Townsend. The gun belonged to David Townsend and the house belonged to…

2Cases cited27 opinions

  1. State Farm Fire & Casualty Co. v. TashireSupreme Court of the United States · 1967
  2. Moradi-Shalal v. Fireman's Fund Ins. CompaniesCalifornia Supreme Court · 1988
  3. Royal Globe Insurance v. Superior CourtCalifornia Supreme Court · 1979
  4. Brown v. Guarantee InsuranceCalifornia Court of Appeal · 1957
  5. Campbell v. Allstate Ins. Co.California Supreme Court · 1963

22 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. Conopco, Inc. v. Roll International and Paramount Farms, Inc.Court of Appeals for the Second Circuit · 2000
  2. Fireman's Fund Insurance Company, a California Corporation v. City of Lodi, California, Jack Sieglock, in His Capacity as Mayor of the City of Lodi Richard Prima, Jr., in His Capacity as Enforcing Officer of Lodi Ordinance No. 1650 Randall A. Hays, Individually and in His Capacity as Lodi City Attorney Michael C. Donovan, Individually and in His Capacity as Lodi Assistant City Attorney Adam L. Babich, Individually and in His Capacity as Lodi Assistant City Attorney Steven H. Doto, Individually and in His Capacity as Lodi Assistant City Attorney Bret A. Stone, Individually and in His Capacity as Lodi Assistant City Attorney John R. Till, Individually and in His Capacity as Lodi Assistant City Attorney Zevnik, Horton, Guibord and McGovern Llp, Individually and in Their Capacity as Lodi Assistant City Attorneys Fran E. Forkas, in His Capacity as Enforcing Officer of Lodi Ordinance No. 1650, Unigard Insurance Company, a Washington Corporation Unigard Security Insurance Company, a Washington Corporation v. City of LodiCourt of Appeals for the Ninth Circuit · 2002
  3. Sullivan v. Delta Air Lines, Inc.California Supreme Court · 1997
  4. Archdale v. American International Specialty Lines InsuranceCalifornia Court of Appeal · 2007
  5. 20th Century Insurance v. Superior CourtCalifornia Court of Appeal · 2001

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