What is the test for an insurer to establish a reserve fund to settle a claim against its insured?
California, United States of America
The following excerpt is from Melton v. Industrial Indemnity Co., 103 Cal.Rptr.2d 222 (Cal. App. 2001):
45. An attempt by an insurer to settle a claim against its insured, like the establishment of a reserve fund, is some indication the insured believes it had a duty to defend against the claim. (Miller v. Elite Ins. Co., supra, 100 Cal.App.3d 739, 753.)
45. An attempt by an insurer to settle a claim against its insured, like the establishment of a reserve fund, is some indication the insured believes it had a duty to defend against the claim. (Miller v. Elite Ins. Co., supra, 100 Cal.App.3d 739, 753.)
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