Golden Eagle Insurance v. Foremost Insurance

How courts have described this case

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

• describing insurer-appointed attorney- 6 control of a coverage dispute as a paradigmatic conflict of interest requiring 7 independent counsel
• stating “[i]t is doubtful that the so-called ‘genuine dispute 21 doctrine’ apples in third party duty to defend cases like this one.”
• “Absent grounds for rescission, there is nothing the insurer can unilaterally do to avoid liability under the policy once the contingency insured against occurs.”
• insured was entitled to an independent counsel in settlement negotiations when it refused to agree to a settlement which would exceed the coverage limits of its policy and the insurer petitioned the court for permission to settle without the insured’s consent
• “As a general rule, silence or inaction does not constitute acceptance of an offer. There are several well-recognized exceptions to this rule. Acceptance of an offer may be inferred from inaction in the face of a duty to act ... and from retention of the benefit offered.”

Source: CourtListener parenthetical corpus (CC0).