holding that, in 7 “the rare case where the insured tenders the defense and 8 then negotiates a settlement on its own, leaving the insurer 9 in the dark,” the insured’s breach “relieved the insurer of 10 posttender costs, too, including the settlement”
How later courts described this case
- holding that, in 7 “the rare case where the insured tenders the defense and 8 then negotiates a settlement on its own, leaving the insurer 9 in the dark,” the insured’s breach “relieved the insurer of 10 posttender costs, too, including the settlement”
Written by the judges who cited it.
The opinion
McFarland, J.,
concurred on the authority of Bury v. Young, supra, which must now be taken as final on the subject.