What is the test to determine whether an insurer has given consideration to the interests of the insured?
California, United States of America
The following excerpt is from Merritt v. Superior Court, 88 Cal.Rptr. 337, 9 Cal.App.3d 721 (Cal. App. 1970):
'In determining whether an insurer has given consideration to the interests of the insured, the test is whether a prudent insurer without policy limits would have accepted the settlement offer.' (Crisci v. Security Ins. Co. (1967) 66 Cal.2d 425, 429, 58 Cal.Rptr. 13, 16, 426 P.2d 173, 176.)
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