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2515 DEPUBLISHED An insurer that defends an insured when it has no obligation to do so has no contractual duty to inform that person about settlement offers; such a duty may exist by virtue of the insurer's voluntary provision of a defense, and the breach of it may be negligence, but negligence liability is waived if the insured fails to assert a negligence claim.CitationFARMERS v JACOBS (Contractual Duty) 75 CA4 373 [See: Comunale v Traders 50 C2 654; Heredia v Farmers 228 CA3 1345; Waller v Truck Ins 11 C4 1, T/AT 10/95]
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