Does Declaratory Judgment Denying Tortfeasor Insurance Coverage Apply to a Plaintiff Not Joined in That Action?
The Estate of Jeffrey K. Heintzelman et al. v. Air Experts, Inc., et al., Case no. 2008-2173
ISSUE: When an insurance company files a civil action seeking a declaratory judgment that its policy does not provide coverage sought by a policy holder, and the insurer does not join or give notice about that action to a plaintiff with a pending lawsuit against the same policy holder, does the award of a declaratory judgment in favor of the insurer preclude the unjoined plaintiff from later suing the insurance company to recover a civil judgment it has obtained against the policy holder?