Nelson v. Miller

I agree with the foregoing opinion written for the court. The record reflects that while Dr. Nelson wanted to have the action against him dismissed, he did not at any time authorize William Tinker, Sr., who was employed by the Medical Protective Company, Dr. Nelson s insurance carrier, to settle the case on his behalf. This court has held a settlement by the insurer of a claim by a third person against the insured made without the insured’s consent or against his protest of nonliability, and not thereafter ratified by him, will not ordinarily bar an action by the insured against the person…