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LANG v. HANOVER INS. CO.

3 N.Y.3d 350 (2004)

820 N.E.2d 855

787 N.Y.S.2d 211

DAVID LANG, Appellant, v. HANOVER INSURANCE COMPANY et al., Respondents.

Court of Appeals of the State of New York.

Decided November 18, 2004.

Attorney(s) appearing for the Case

Greene & Reid, LLP, Syracuse (Jeffrey G. Pomeroy of counsel), for appellant.

Roe, Shantz & Iacono, Liverpool (Frederick F. Shantz of counsel), for respondents.

Ohrenstein & Brown, LLP, New York City (Michael D. Brown of counsel), for CCC Insurance Company, Ltd. and another, amici curiae.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, READ and R.S. SMITH concur.

OPINION OF THE COURT

GRAFFEO, J.

Insurance Law § 3420 grants an injured plaintiff the right to sue a tortfeasor's insurance company to satisfy a judgment obtained against the tortfeasor. The issue presented in this appeal is whether the injured party may bring a declaratory judgment action against the insurance company before securing a judgment against the tortfeasor. We hold that a judgment is a statutory condition precedent to a direct suit against...

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