Q: If defendant driver loses in Sm. Cl. Court, does his insurance company have to pay judgment per their Duty to Indemnify?
I was hit by driver insured with (rhymes with PSYCHO.) They paid my property, but denied injury. I wish I could sue ins. co, not driver, and am hoping they will cover his judgment if I prevail, which would be well below his policy liability max.
A: They will pay unless there is a coverage defense, such as policy lapse, failure of the insured to cooperate, etc.
A:
they should pay as long as the policy was in force.
if they don't you may have a bad faith case against the ins co
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