In a personal injury case, is a plaintiff entitled to both pay the policy limits and defend the insured in a lawsuit?

MultiRegion, United States of America

The following excerpt is from Grant v. State Farm Mut. Auto. Ins. Co., 958 F.2d 377 (9th Cir. 1991):

In Heredia v. Farmers Ins. Exch., 228 Cal.App.3d 1345, 279 Cal.Rptr. 511 (1991), the victim wanted the insurer to pay the policy limits and defend the insured in a lawsuit against the insured and others. The victim would not execute against the insured, but wanted him present as a defendant to prevent the other defendants from using the "empty chair" defense. Id. at 513. The insurer refused to both pay the policy limits and provide a defense. The policy at issue said the insurer would not defend after paying the limits of liability for coverage. In an action for breach of the duty of good faith and fair dealing, the court held that the insurer had no obligation to accept the victim's settlement offer because it was not within the policy limits. Id. at 516.

Other Questions


Is a plaintiff who meets the requirement of indigence for the appointment of counsel in a personal injury case entitled to appoint counsel? (MultiRegion, United States of America)
Can a plaintiff designate as a fictitious named defendant in a personal injury case? (MultiRegion, United States of America)
Is a plaintiff in a civil rights case brought in forma pauperis entitled to the same procedural protections as a defendant in the case? (MultiRegion, United States of America)
How have the courts interpreted the Commissioner's findings in determining whether a plaintiff was entitled to be denied access to a Defendant's personal injury? (MultiRegion, United States of America)
How have courts dealt with personal injury claims in personal injury cases? (MultiRegion, United States of America)
Can Plaintiff amend or amend the nature of the Plaintiff's claim in a personal injury case? (MultiRegion, United States of America)
Does a client who relies on his attorney for personal injury purposes have an obligation to timely filing in a personal injury case? (MultiRegion, United States of America)
If a defendant chooses to represent himself in a pro se proceeding in a personal injury case, what are the consequences of the pro se defendant's actions? (MultiRegion, United States of America)
In a personal injury case, is a plaintiff entitled to substitute counsel? (MultiRegion, United States of America)
Is there any case law that supports the argument that an individual is entitled to an equalization clause in his or her personal injury case? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.