What is the requirement that a third party action has been concluded?

California, United States of America


The following excerpt is from Pacific Nat. Ins. Co. v. Superior Court (Liptak), 198 Cal.App.3d 274, 233 Cal.Rptr. 189 (Cal. App. 1986):

Except in rare cases, the "conclusion" requirement presents no problem. Here, for example, there was a settlement of the third party action, a release was given and a dismissal with prejudice was filed. Thus, the third party action has been concluded. (Rodriguez v. Firemen's Fund Ins. Co., supra, 142 Cal.App.3d 46, 53-55, 190 Cal.Rptr. 705; cf. Afuso v. United States Fid. & Guar. Co. (1985) 169 Cal.App.3d 859, 863, 215 Cal.Rptr. 490.)

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