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NOVAK v. LOW, BALL & LYNCH

No. A085391.

91 Cal.Rptr.2d 453 (1999)

77 Cal.App.4th 278

John NOVAK, Plaintiff and Appellant, v. LOW, BALL & LYNCH et al., Defendants and Respondents.

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

Rehearing Denied January 20, 2000.

Review Denied March 22, 2000.

Attorney(s) appearing for the Case

John J. Mavredakis, Ernst & Mavredakis, Robert Farrell, Santa Rosa, for Appellant.

Michael P. Bradley, San Francisco, Harlan B. Watkins Murphy, Pearson, Bradley & Feeney, San Francisco, for Respondents.

REARDON, J.

What duty, if any, does counsel provided by an insurer owe to the insured in negotiating a partial settlement of claims when independent counsel for the insured has been provided pursuant to Civil Code 1 section 2860? By statute such counsel has a duty not to exclude independent counsel from participating in settlement negotiations, and must cooperate fully in the exchange of information consistent with his or her obligation...

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