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eBook details

• Title: Lisiewski v. Countrywide Insurance Company
• Author : Court of Appeals of Michigan
• Release Date : January 16, 1977
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

Complaint by Jolene S. Lisiewski against Countrywide Insurance Company and Olympic Insurance Company to recover the amount of a judgment in excess of their insured's policy limits. Judgment for defendants. Plaintiff appeals. In this case the plaintiff, a judgment creditor of an insured of the defendant insurance companies, seeks to recover in a direct action against the defendants the amount of the judgment in excess of the insured's policy limits. Plaintiff recovered a judgment against defendants' insured in a prior action and has received payment up to the policy limit from the defendant insurers. Plaintiff asserts in this action that defendants wrongfully failed to settle the prior case for an amount within the policy limits, that the defendants are liable to their insured (the judgment debtor) for the excess amount of the judgment over and above the policy limits because of such failure to settle, and that plaintiff may directly enforce that liability. Plaintiff has not alleged that she has received an assignment of the cause of action from the policyholder nor that she has made any attempt to collect the unpaid portion of the judgment from defendants' insured.

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