Fowler v. McLean

BROCK, Chief Judge.

“ ‘[Wjhere an insurance carrier makes a settlement in good faith, such settlement is binding on the insured as between him and the insurer, but . . . such settlement is not binding as between the insured and a third party where the settlement was made without the knowledge or consent of the insured or over his protest, unless the insured in the meantime has ratified such settlement.’ (Citation omitted.) Such consent or ratification constitutes an admission of his liability by the insured. (Citation omitted.)” McKinney v. Morrow, 18 N.C. App. 282, 196 S.E. 2d 585 (1973),…