Seider v. Roth, 17 N.Y.2d 111 (1966) p82.
Facts:
Procedure:
New York court of appeals held up the attachment theory.
Issue:
Could the insurance company be sued as a debtor within the rule of Harris v. Balk?
Rule:
An insurance policy is "debt." The insurance company can be sued in whatever state they operate in, even if the insured does not have contact with that state.
Holding:
Yes they could be.
Rationale:
The insurance policy, imposed on the insurer a contractual duty to defend and indemnify the driver, which created a debt. The "debtor" insurance company's presence in NY brought it within the rule of Harris v. Balk. By "seizing" the "debt" created by the insurance policy, plaintiffs were able to sue in a forum to which neither the defendant driver nor the accident had any relationship.
Policy/Notes: