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CONSOL. AM. INS. v. MIKE SOPER MARINE SERVICES

No. 89-55929.

942 F.2d 1421 (1991)

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

United States Court of Appeals, Ninth Circuit.

Decided August 23, 1991.

Attorney(s) appearing for the Case

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

Brooks L. Iler, Scott E. Shaffman and Janice R. Mazur, Shaffman, Iler, Palkowitz & Doft, San Diego, Cal., for defendant-appellee.

Before HUG, CANBY and WIGGINS, Circuit Judges.

Decided August 23, 1991. As Amended.

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...

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