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CONSOLIDATED AMERICAN INS. v. MIKE SOPER MARINE

No. 89-55929.

951 F.2d 186 (1991)

CONSOLIDATED AMERICAN INSURANCE COMPANY, Plaintiff-Counter-defendant-Appellant, v. MIKE SOPER MARINE SERVICES, et al., Defendants, and Carl Mayerhofer, individually and as Assignee of Michael Soper, Defendant-Counter-plaintiff-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 23, 1991.

Amended December 6, 1991.

Attorney(s) appearing for the Case

Irving H. Greines and Marc J. Poster, Greines, Martin, Stein & Richland, Beverly Hills, Cal., for plaintiff-counter-defendant-appellant.

Brooks L. Iler, Shaffman, Iler, Palkowitz & Doft, San Diego, Cal., for defendant-counter-plaintiff-appellee.

Before HUG, CANBY and WIGGINS, Circuit Judges.

OPINION

HUG, Circuit Judge:

This appeal concerns the duty of an insurance carrier to defend an action against the insured. In this case, after the carrier refused the defense, a settlement was reached between the injured claimant and the insured for $1,000,000. The insured assigned his claims against the carrier in exchange for the claimant's covenant not to execute against the insured on the judgment. The injured claimant brought this suit against the carrier...

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