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  5. 173 Cal.App.3d 975 (1985)
 

CARLILE v. FARMERS INS. EXCHANGE

Docket No. 24066.

173 Cal.App.3d 975 (1985)

219 Cal. Rptr. 773

LINDA JANE CARLILE, Plaintiff and Appellant, v. FARMERS INSURANCE EXCHANGE et al., Defendants and Respondents.

Court of Appeals of California, Third District.

October 29, 1985.

Attorney(s) appearing for the Case

COUNSEL

Bob Belz for Plaintiff and Appellant.

Kroloff, Belcher, Smart, Perry & Christopherson, Christopher Engh, Greines, Martin, Stein & Richland, Irving H. Greines and Feris M. Greenberger for Defendants and Respondents.

[Opinion certified for partial publication.*]

OPINION

CARR, J.

The essential issue presented by this appeal is whether an insurer is liable in damages for failure to attempt in good faith to settle a third party claim, a violation of Insurance Code section 790.03, subdivision (h)(5), when its insured refuses to consent to the settlement, such consent being a prerequisite under the insurance policy...

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