Attoe v. State Farm Mutual Automobile Insurance

While other issues are raised in the briefs of the parties,3 we find it unnecessary to consider *544any issue other than whether the two defendant insurance companies by their conduct have waived the defense of the no-action clauses contained in their policies.

Such no-action clauses usually provide that no action shall lie against the insurer until the amount of the insured’s obligation to pay shall have been finally determined either by judgment against the insured or by written agreement of the insured, the claimant, and the insurer. Thus a no-action clause is not an absolute bar to action…