Alfiero v. Berks Mutual Leasing Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding that insured could negotiate a settlement “so long as it was done in good faith and ... was fair and reasonable”
• stating despite policy language requiring insurer’s permission to settle, insured could settle claim without insurer’s consent where insurer repeatedly denied any and all obligation to defend or indemnify insured
• stating despite policy language requiring insurer’s permission to settle, insured could settle claim without insurer’s consent where insurer repeatedly denied any and all obligation to defend or indemnify insured
• settlement, which permitted injured party to satisfy judgment by asserting insured’s claims against its insurer, but which did not permit injured party to attach any other assets of insured, was fair and reasonable
• “Alfiero [injured plaintiff] did not agree to release Berks [tortfeasor] from further liability. Its agreement was to seek recovery of an agreed debt from a specific asset, i.e., the contractual rights owed to Berks by CNA.”

Source: CourtListener parenthetical corpus (CC0).