Jane M. Henry, as Personal Representative of the Estate of Ernest L. Henry v. Continental Casua — Danielson, J…

Summary

The dissent would affirm dismissal with prejudice of the Estate’s claim against the insurer. It reasons that the direct-action statute is procedural and does not alter the substantive rule that an employer’s vicarious liability ends when the employee whose conduct supplies that liability is dismissed with prejudice. The dissent concludes that the insurer, standing in the employer’s shoes, was therefore absolved of liability.