Jamestown Builders, Inc. v. General Star Indemnity Co.

How courts have described this case

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

• noting that NVP provisions are enforceable when an insured assumed an obligation without the insurer’s consent “before the establishment of the claim against them and the 3 17-55383 insurer’s refusal to defend in a lawsuit to establish liability”
• “California law enforces such no-voluntary- 24 payments provisions in the absence of economic necessity, insurer breach, or other extraordinary 25 circumstances.”
• “[I]nsureds cannot unilaterally settle a claim before the establishment of the claim against them and the insurer’s refusal to defend in a lawsuit to establish liability-In short, the provision protects against coverage by fait ac-compli.”
• no-voluntary-payments clause refers 22 to “loss expenses and legal expenses”

Source: CourtListener parenthetical corpus (CC0).