New York Court of Appeals

David Lang, Appellant v. Hanover Insurance Company, Respondents

November 18, 20043 N.Y.3d 350

Summary

The Court affirmed the appellate division’s dismissal, holding that under Insurance Law § 3420 an injured plaintiff may not sue the tortfeasor’s insurer until a judgment against the tortfeasor is obtained, served on the insurer, and remains unpaid for thirty days.