Service of Judgment on Insurer Deemed Condition Precedent to Claimant's Direct Action
A New York appellate court strictly applies the provisions of N.Y. Ins. § 3420 (a) (2), which permits injured claimants to maintain direct actions against insurers only after a judgment remains unsatisfied for thirty days following notice of its entry to the insured and its insurer. In Guayara v. Hudson Ins. Co. (2nd Dept. Feb. 19, 2008), the court dismissed claimant’s action for failure to serve the judgment upon the insurer, a condition precedent to suit under the statute. Service upon the insured’s broker was deemed insufficient to satisfy the condition, even though the broker then forwarded the judgment to the insurer.
