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HAMILTON v. MARYLAND CAS. CO.

No. A085219.

92 Cal.Rptr.2d 907 (2000)

78 Cal.App.4th 640

William HAMILTON, et al., Plaintiffs and Respondents, v. MARYLAND CASUALTY COMPANY, Defendant and Appellant.

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

Review Granted June 2, 2000.

Attorney(s) appearing for the Case

Jonathan Margolis, Monterey, Thomas Mulvihill, Christophe E. Arras, San Francisco, Low, Ball & Lynch, for Appellant.

Michael Rubin, San Francisco, Michael E. Wall, Altshuler, Berzon, Nussbaum, Berzon & Rubin, Cliff Palefsky, San Francisco, McGuinn, Hillsman & Palefsky, for Respondents.

STEIN, J.

This case presents issues concerning the rights of claimants against an insurer after the insured, without the approval of the insurer, entered into a good faith settlement agreement with the claimants that included an assignment to the claimants of any contract rights the insured had against the insurer. We find that such a settlement agreement is not binding on an insurer that was actively involved in defending...

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