Turnbull Insurance 1962

(Ins.) 100 Settlements

(both IR & ID may defend) Hypo: Pol. limit 15,000.00 Suit for 35,000.00

Investigation shows: 1) Legit dispute as to responsibility for accident. 2) Injuries by π substantial. Good case on damages up to 25,000.00 Less strong on remaining 10,000.00. If liability going to be at least 25,000.

π offers to settle for $13,000.00

IR has the right to settle (in some cases duty). McCoid says IR ought not to have to settle here.

Duty to cooperate see p 708 for clause

List specific things — but not (...) (...) list! There are other things that might equal lack of co— operation even though not enumerated. 1) Question of fact whether breach 2) Not be material, not trivial 3) Prejudicial?? Must this be present? division of authority. Held, no (...). If is, split on who has B/P to prove prejudice.

(IR's remedies) Non waiver, or ded. judgment