What is the liability of an insurer that breaches its duty of reasonable settlement?

California, United States of America


The following excerpt is from Cal. Capital Ins. Co. v. Scottsdale Indem. Ins. Co., F070598 (Cal. App. 2018):

"An insurer that breaches its duty of reasonable settlement is liable for all the insured's damages proximately caused by the breach, regardless of policy limits. [Citations.] Where the underlying action has proceeded to trial and a judgment in excess of the policy limits has been entered against the insured, the insurer is ordinarily liable to its insured for the entire amount of that judgment [citations], excluding any punitive damages awarded." (Hamilton v. Maryland Casualty Co. (2002) 27 Cal.4th 718, 725.)

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