How have courts interpreted Section 877 of the California Motor Vehicle Accident Benefits Act?

MultiRegion, United States of America

The following excerpt is from Commercial Union Ins. Co. v. Ford Motor Co., 640 F.2d 210 (9th Cir. 1981):

First, courts interpret 877 as reflecting a policy in favor of settlement. The clear intent of 877 is to allow a defendant who settles in good faith a claim against him to be forever discharged from liability by contribution or otherwise. Stambaugh v. Superior Court, 62 Cal.App.3d 231, 235, 132 Cal.Rptr. 843 (1976). Recognizing that a plaintiff has the power to preserve claims against those defendants with the greatest ability to pay or the least public sympathy, the courts have emphasized the requirement that a settlement with codefendants be a "good faith" release from liability. See,

Page 213

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