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Crisci v. Security Insurance Co.

California Supreme Court

426 P.2d 173 (Cal. 1967)

Relevant factsFree

Security (defendant) refused to settle a lawsuit against its insured Crisci (plaintiff) even within Crisci's $10,000 policy limit, despite a considerable risk that the underlying suit would produce a judgment far exceeding that limit; the jury ultimately awarded the injured tenant $101,000 total, leaving Crisci personally liable for $91,000 after Security paid its policy limit, and Crisci assigned her right to sue Security for that excess as part of her own settlement with the tenant.

IssueFree

Whether an insurer may be liable for damages in excess of its policy limits for failure to accept a settlement offer within those limits.

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