Allende, This falls under vicarious or contingent liability. The insurance policy of the party who is being sued would apply by definition of "who is insured". Vicarious liability lawsuits generally occur because of insufficient funds of the party being sued. The injured party looks for where they can be reimbursed and files a claim against any/all remotely involved in the accident. Another good example of this is an drunk driver accident where the bar is vicariously liable for serving the alcohol. The liability policy of the bar would apply. Jan