Reed

Plaintiif and appellant Roy Reed appeals from the judgment entered in favor of defendant and respondent California Insur anee Guarantee Association (CIGA) in an action for declaratory relief. We affirm the judgment.

Introduction

In this proceeding, we are called upon .to determine whether a third party claim against an insured, whose insurer became insolvent within six-months after entry of the insured’s default, is binding upon CIGA, where CIGA did not move to set aside the default within the six-month period of Code of Civil Procedure section 473, the insured failed to cooperate in CIGA’s attempt to have it set aside after expiration of the six-month period, and the claimant refused to voluntarily set it aside, but instead joined with the insured in stipulating that judgment be entered in the claimant’s favor. We conclude the trial court properly determined that CIGA was not bound by the judgment in the underlying action (former Ins. Code, § 1063.2, subd. (f)), and affirm the judgment herein.

Facts and Procedural History

Reed sued CIGA, Signal Insurance Company (Signal) and insurance agent Frank B. Hall and Company, Nettleship Division (Nettleship), alleging causes…