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Jan. 4, 2017

Excess insurers can sue if primary insurer fails to settle within limits

The California Court of Appeal was recently asked to apply the covenant of good faith and fair dealing to a primary insurer who failed to accept a settlement within its policy limit, without a judgment, and reimburse the excess insurer. By Barry Zalma

Barry Zalma

By Barry Zalma

ZALMA ON INSURANCE LAW

A primary insurer owes the same good faith and fair dealing to an excess insurer to settle within policy limits that it owes to the insured. The California Court of Appeal was recently asked to apply the covenant of good faith and fair dealing to a primary insurer who failed to accept a settlement within its policy limit, without a judgment, and reimburse the exce...

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