|
2686 REVIEW GRANTED An insured's good faith settlement with a claimant is not binding on an insurer that was actively involved in defending the insured and did not agree to the settlement; under the "no action" provisions in a policy, the claimants may not bring a direct action on the policy against the insurer until they have obtained a judgment against the insured after an actual trial or until the insurer has agreed to a settlement; a bad faith action cannot be brought against an actively defending insurer until a judgment has been obtained in excess of policy limits.CitationHAMILTON v MARYLAND CAS (No Action) 78 CA4 640 [See: InsC 11580; Safeco v Superior Court 71 CA4 782, T/AT 6/99; National Union v Lynette C 27 CA4 1434, T/AT 9/94]
|
|
