A policy insuring against losses set forth in subdivision (a) shall not be issued or delivered to any person in this state unless it contains the provisions set forth in subdivision (b). Such policy, whether or not actually containing such provisions, shall be construed as if such provisions were embodied therein.
(a)Unless it contains such provisions, the following policies of insurance shall not be thus issued or delivered:
(1)Against loss or damage resulting from liability for injury suffered by another person other than (i) a policy of workers’ compensation insurance, or (ii) a policy issued by a nonadmitted Mexican insurer solely for use in the Republic of Mexico.
(2)Against loss of or damage to property caused by draught animals or any vehicle, and for which the insured is liable, other than a policy which provides insurance in the Republic of Mexico, issued or delivered in this state by a nonadmitted Mexican insurer.
(b)Such policy shall not be thus issued or delivered to any person in this state unless it contains all the following provisions:
(1)A provision that the insolvency or bankruptcy of the insured will not release the insurer from the payment of damages for injury sustained or loss occasioned during the life of such policy.
(2)A provision that whenever judgment is secured against the insured or the executor or administrator of a deceased insured in an action based upon bodily injury, death, or property damage, then an action may be brought against the insurer on the policy and subject to its terms and limitations, by such judgment creditor to recover on the judgment.
Notes of Decisions
Hearn Pac. Corp. v. Second Generation Roofing, Inc., 247 Cal. App. 4th 117 (Cal. Ct. App. 2016).
· cites it 6× “Insurance Code Section 11580 As noted, the trial court articulated several reasons for denying Second Generation Roofing’s motion, one of which was that Second Generation Roofing’s sole remedy was to bring an action under Insurance Code section 11580.”
Van Winkle v. Allstate Ins., 290 F. Supp. 2d 1158 (C.D. Cal. 2003).
· cites it 8× “”) in this Court against Defendants Allstate and Hartford, as judgment creditors, under California Insurance Code § 11580. [Id. at 1, 6:9-25.”
Murphy v. Allstate Ins., 553 P.2d 584 (Cal. 1976).
· cites it 4× “Insurance Code Section 11580, Subdivision (b)(2) Insurance Code section 11580 lists provisions to be included in every liability insurance policy issued or delivered in this state.”
Fuller-Austin Insulation Co. v. Highlands Ins., 2006 Cal. Daily Op. Serv. 538 (Cal. Ct. App. 2006).
· cites it 3× “2d 1392, 1403 [Ins. Code, § 11580 is aimed at preventing an insurer from avoiding responsibility for its insured’s conduct].”
Seltzer v. Barnes, 182 Cal. App. 4th 953 (Cal. Ct. App. 2010).
· cites it 2× “(Ins. Code, § 11580, subd. (b)(2).) 14 Under the statute, the judgment creditor has an independent *972 cause of action against the insurer to enforce the insurer’s obligation to indemnify the insured.”
Barrera v. State Farm Mut. Auto. Ins., 456 P.2d 674 (Cal. 1969).
· cites it 4× “This policy of protecting the public by an assurance of financially responsible automobile owners finds further expression in the requirement that liability policies must contain a provision that the insolvency or bankruptcy of the insured will not release the insurer from…”
Gray v. Zurich Ins. Co., 419 P.2d 168 (Cal. 1966).
· cites it 2× “[19] Insurance Code section 11580, subdivision (b) (2) provides that "whenever judgment is secured against the insured .”
Garcia v. Truck Ins. Exch., 682 P.2d 1100 (Cal. 1984).
· cites it 2× “[2] Insurance Code section 11580 provides, in pertinent part: "A policy insuring against losses set forth in subdivision (a) shall not be issued or delivered to any person in this state unless it contains the provisions set forth in subdivision (b).”
Collin v. Am. Empire Ins., 94 Cal. Daily Op. Serv. 170 (Cal. Ct. App. 1994).
· cites it 2× “But even accepting American Empire's cramped version which limits the "facts" to the allegations of the Collins' complaint, this particular conversion remains an "accident" qualifying for coverage under this policy.”
Pruyn v. Agric. Ins., 95 Cal. Daily Op. Serv. 5176 (Cal. Ct. App. 1995).
· cites it 2× “(Ins. Code, § 11580, subd. (b)(2).) 1 The trial court sustained the objections to plaintiff’s pleading by the defendant and respondent insurers 2 without leave to amend.”
Catholic Mut. Relief Soc'y v. Superior Court, 165 P.3d 154 (Cal. 2007).
· cites it 2× “) One distinguishing characteristic of liability insurance derives from Insurance Code section 11580, which requires every policy of liability insurance to expressly state that a plaintiff who obtains a judgment against a defendant insured under such a policy is then entitled to…”
— Cal. Insurance Code § 11580(a) — 1 case
— Cal. Insurance Code § 11580(a)(1) — 1 case
— Cal. Insurance Code § 11580(b) — 2 cases
— Cal. Insurance Code § 11580(b)(1) — 1 case
— Cal. Insurance Code § 11580(b)(2) — 14 cases
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