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Home / Opinion Digests / Post-judgment suit against insurer not a ‘direct action’ (access required)

Post-judgment suit against insurer not a ‘direct action’ (access required)

The court joined its sister circuits in holding that, where a party obtains a judgment against an insured, and then sues that insured’s carrier, that second suit is not a “direct action” within meaning of 28 U.S.C. § 1332(c)(1). Furthermore, because the underlying suit fell outside the scope of coverage, a Virginia notice statute was ...