North County Contractor's Ass'n v. Touchstone Insurance Services

Opinion

GILBERT, J.

The courts try to provide a semblance of certainty in an otherwise uncertain world. Perhaps that is why judges are reputed to feel uncomfortable about making educated guesses. Such discomfort is unwarranted when a judge must decide whether a settlement is made in good faith. In such cases judges are required to make educated guesses.

Here we hold that the trial Judge did not abuse his discretion when he granted a motion for good faith settlement. The settling defendants had limited assets, and it was questionable whether they had insurance coverage. The Judge therefore made…