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REID v. MERCURY INS. CO.

No. B241154.

220 Cal.App.4th 262 (2013)

162 Cal. Rptr. 3d 894

PAUL REID, Plaintiff and Appellant, v. MERCURY INSURANCE COMPANY, Defendant and Respondent.

Court of Appeals of California, Second District, Division Eight.

October 7, 2013.

Attorney(s) appearing for the Case

The Yarnall Firm, Delores A. Yarnall ; Ammirato & Palumbo, Bruce Palumbo ; Dewitt Algorri & Algorri and Mark S. Algorri for Plaintiff and Appellant.

Hager Dowling Lim & Slack, Alison M. Bernal and John V. Hager for Defendant and Respondent.

OPINION

GRIMES, J. —

SUMMARY

This case involves an insurer's duty to its insured to settle a third party claim within policy limits, when liability is clear and there is a substantial likelihood of a recovery in excess of policy limits. The question is whether the insurer, in the absence of any demand or settlement offer from the third party claimant, must initiate settlement negotiations or offer its policy limits, and if so...

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