Kinzler
Kinzler v. Calvert Insurance
Opinion
Lead Opinion
MEMORANDUM **
Michael Kinzler (“Kinzler”) appeals the district court’s grant of summary judgment in favor of defendant Calvert Insurance Co. (“Calvert”). After Kinzler obtained a default judgment against Southwest Colored Rock, Inc. (“Southwest”), a now-defunct corporation, he has sought declaratory relief ordering Calvert, Southwest’s former general liability insurance provider, to pay the default judgment. We affirm the district court’s decision to grant summary judgment in Calvert’s favor.
At best Kinzler is a mere incidental “beneficiary” of the insurance contract be *117 tween Calvert and Southwest. Kinzler is not named in that contract, nor was the contract formed with an intent to benefit him. Instead Southwest, like all parties purchasing such insurance coverage, did so to protect itself against potential liability, rather than with any specific intent to benefit an unknown class of individuals that it might injure in the future. Under Nevada law third-party claimants (such as Kinzler) who are injured by an insured lack standing to sue the insured party’s insurance company directly (see Gunny v. Allstate Ins. Co., 108 Nev. 344 , 830 P.2d 1335, 1335-36 (1992) (per…