Can an insured against his insurance carrier for wrongful failure to settle a claim for damages against the insurer?
California, United States of America
The following excerpt is from Glacier Gen. Assurance Co. v. Superior Court, 157 Cal.Rptr. 435, 95 Cal.App.3d 836 (Cal. App. 1979):
It is well settled that a cause of action by an insured against his insurance carrier for a wrongful failure to settle may be assigned. (Brown v. Guarantee Ins. Co., 155 Cal.App.2d 679, 319 P.2d 69.) Such an assignment carries with it all the rights of the assignor in whose shoes the assignee is said to stand. The instant litigation, then, is essentially between the insured and the insurer.
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