Supreme Court of California

An insurer defending a personal injury suit under a reservation of rights may recover settlement payments made over the objection of the insured when it is later determined that the underlying claims are not covered under the policy.

Appellate Information

• Decided 05/10/2001
• Published 05/10/2001

Judges

• BROWN, J.

Court

• Supreme Court of California

Counsel

• For Appellant:
  
•  McCormick, Barstow, Sheppard, Wayte & Carruth, James P. Wagoner, Wendy S. Lloyd and Paul J. O'Rourke, Fresno, for Plaintiff and Appellant., Horvitz & Levy, Peter Abrahams and David S. Ettinger, Encino, for American Insurance Association, American International Group, Inc., National Association of Independent Insurers and Truck Insurance Exchange as Amici Curiae on behalf of Plaintiff and Appellant.


• For Appellees:
  
• Wasserman, Comden & Casselman, Alhambra, and Glen A. Brown, Jr., Tarzana, for Defendants and Appellants.