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Justice Edmead http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=56961 PLAINTIFF SOUGHT declaration that tortfeasors were entitled to liability insurance coverage under a policy issued by defendant insurer. The underlying tort action remained open; instead of entering judgment on the $2.5 million jury award, entry was stayed pending determination as to available insurance. After plaintiff commenced the instant suit, the Court of Appeals decided Land v. Hanover Ins. Co., which resolved a department split and held that a non-party to an insurance policy cannot bring a declaratory judgment action until it obtains a judgment against the tortfeasor, serves insurer with a copy of judgment and waits 30 days. The court held Lang retroactively affected plaintiff’s suit and granted defendant’s motion to dismiss for lack of standing due to its failure to satisfy these conditions precedent. Furthermore, the court refused to direct entry of judgment in the underlying tort action.

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