California Court of Appeal
HURVITZ v. ST. PAUL FIRE AND MARINE INS. CO., B158885
Where an insurance policy grants to the insurer the "right and duty" to defend any claim or suit for covered injury or damage, the insurer need not obtain the insured's consent prior to settling with a third party even though it leads to the loss of the insured's potential claim for malicious prosecution, injures their reputation, or impacts their future insurability.
Appellate Information
- Decided 06/12/2003
- Published 06/12/2003
Judges
- CURRY, J.
Court
- California Court of Appeal
Counsel
- For Appellant:
- King & Ferlauto, William T. King and Thomas M. Ferlauto, for Plaintiffs and Appellants.
- For Appellees:
- Carlson, Calladine & Peterson, Robert M. Peterson, Asim K. Desai and Patrick M. Quigley, for Defendant and Respondent.