Claim of Abbate v. Bertollone

How courts have described this case

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

• noting alternative of “bargained-for, and presumably costlier, policy provisions contemplating the insured’s consent to settlement”
• applying Feliberty to language that insurer may “settle any suit at ... [its] discretion”
• treating attorney as independent contractor and holding client not vicariously liable
• “The insurer is precluded from interference with counsel’s independent professional judgments in the conduct of the litigation on behalf of its client”
• “[T]he paramount interest independent counsel represents is that of the insured, not the insurer.”
• “[G]iven the insurer’s inability to provide or control the legal services in issue, and the existence of a remedy for incompetence against counsel ... the imposition of vicarious liability in the circumstances is unwarranted”

Source: CourtListener parenthetical corpus (CC0).