Charles L. Cotton wrote:If a person or entity is not liable in damages to the plaintiff/claimant, then the insurance company does not have to pay. Insurance is nothing but a contract by which the insurance company agrees to pay any amount (within policy limits) that the insured person is legally obligated to pay. If the insured doesn't have to pay, neither does the insurance company.
Chas.
civil liability and insurance ...
Brings back a flashback memory (nightmare) of an incident I worked on for a Plaintiff's firm years ago of a pretty well "judgment proofed" Defendant (
among other things, [See Tex. Const. Art. XVI, Sec. 50] and Section 41.002 of the Texas Property Code and See Tex. Prop. Code, Sec. 52.0012 and see 42 USC 407(a))
who then filed bankruptcy too, listing a Plaintiff as a creditor, so the insurer and Defendant neither had to pay damages to the Plaintiff on an injury case. The defendant was no longer "legally obligated to pay" after discharge in bankruptcy, so the insurer was not obligated under the insurance contract to pay either.
For years after that, the former Plaintiff would call the office stating "but they just bought a new truck and they own this and that and they have all these assets" (which of course didn't matter because those particular assets were exempt anyway AND the debt was already discharged in bankruptcy)
In my layman's opinion ... It's probably easier to collect money from a "deadbeat dad" who works "under the table for his brother for 15 years" than to collect from someone who doesn't really want to pay for civil liability.