21st vs. Driscoll Amicus

This case involved an auto claim where plaintiff and defendant, without the insurers??? consent, agreed to a settlement above the policy limits and a covenant not to execute before the case had been fully defended. Our amicus emphasized existing case law, Hamilton v. Maryland Casualty, in which the court barred this approach. The amicus argues that the Hamilton rule cannot be avoided by alleging the erroneous denial of coverage under another policy with lower limits.

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