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0691 DEPUBLISHED Even though a "no action" clause in a liability policy prevents the insured from suing the insurer for failing to settle unless the amount of the insured's liability has been determined by trial, an insurer cannot avail itself of this clause unless it has fulfilled its obligation to defend, including the obligation to furnish independent counsel when defending under a reservation of rights.CitationVILLICANA v EVANSTON (No Action) 28 CA4 631 [See: Doser v Middlesex 101 CA3 883; Finkelstein v 20th Century 11 CA4 926; Clark v Bellefonte 113 CA3 326; Diamond v National 227 CA3 563; SD Federal v Cumis 162 CA3 358; CivC 2860]
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