Fireman's Fund Ins. Co. v. Security Ins. Co. of Hartford

The opinion of the court was delivered by

Kolovsky, P. J. A. D.,

Temporarily Assigned. The malpractice liability insurance policy issued by defendant insurance company includes the following provisions with respect to malpractice claims asserted or suits instituted against its insured:

“* * * the company may make such investigation and, with the written consent of the insured, such settlement of any claim or suit as it deems expedient.

The insured shall cooperate with the company and, upon the company’s request, assist in making settlements, in the conduct of suits, * * *. The insured shall not,…