California Court of Appeal

In an insurer's motion for setoff arising from an underlying automobile accident and settlement, the trial court's denial of the motion is reversed as, when an insurer provides an insured a defense under a reservation of rights, and the insured subsequently reaches a private settlement with the third party without the participation of the insurer, the insurer may intervene in the underlying action brought by the third party claimant to protect its own interests, including the right to seek a set-off of the judgment against the insured based on a prior settlement by the claimant with another party.

Appellate Information

• Decided 03/22/2010
• Published 03/22/2010

Judges

Court

• California Court of Appeal

Counsel