2348 An insurer that undertakes to defend its insured is not liable on a direct action under the insurance code for a judgment entered by stipulation of the insured without the insurer's consent; an insurer's failure to settle in good faith does not result in liability unless there is a litigated judgment in excess of policy limits.CitationSAFECO v SUPERIOR COURT (Stipulated Judgment) 71 CA4 782 [See: InsC 11580; Clark v Bellefonte 113 CA3 326; Pruyn v Agricultural 36 CA4 500, T/AT 8/95; Comunale v Traders 50 C2 654; Finkelstein v 20th Cent 11 CA4 926, T/AT 2/93; Doser v Middlesex 101 CA3 883; Brown v Guarantee 155 CA2 679]
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