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SAFECO INS. CO. v. SUPERIOR COURT

No. A084765.

84 Cal.Rptr.2d 43 (1999)

71 Cal.App.4th 782

SAFECO INSURANCE COMPANY of America, Petitioner, v. The SUPERIOR COURT of Contra Costa County, Respondent; Marianne McKinney et al., Real Parties in Interest.

Court of Appeals of California, First District, Division Five.

Rehearing Denied May 7, 1999.

Attorney(s) appearing for the Case

William H. Staples, W. Eric Blumhardt, and Archer, McComas, Breslin, McMahon & Chritton, Walnut Creek, for Petitioner.

No appearance for Respondent.

Curtis L. Johnson, Antioch, Counsel for Respondent/Real Parties in Interest.

STEVENS, J.

The question before us in this writ proceeding is whether petitioner, Safeco Insurance Company of America (Safeco), is obligated to pay a stipulated judgment entered into by its insureds without Safeco's consent when Safeco had undertaken a defense of the liability action. We conclude that Safeco is not bound by the stipulated judgment, and we grant Safeco's petition for a writ of mandate to compel the trial court to grant its motion for summary judgment...

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