Does a motion for a postponement of a trial against the insurer for the purposes of determining the insured's liability must first be determined in the underlying lawsuit?
California, United States of America
The following excerpt is from Murphy v. State Farm Mut. Auto. Ins. Co., 194 Cal.App.3d 1118, 229 Cal.Rptr. 633 (Cal. App. 1986):
Clearly, under these circumstances, a postponement of the trial against the insurer is necessary. This reasoning, while eliminating the prejudice to the insurer in a joint trial, does not mandate the insured's liability must first be determined in the underlying lawsuit. (See Afuso v. United States Fid. & Guar. Co. (1985) 169 Cal.App.3d 859, 863, 215 Cal.Rptr. 490.)
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