<em>Kohler v. Keller Transport, Inc.</em>; <em>Westchester Surplus Lines Insurance Company v. Keller Transport, Inc.</em>: After a Confessed Judgment, is an Insurer Entitled to a Reasonableness Hearing in the Underlying Tort Action?

Zadick, Kristen

Journal: Montana Law Review Online

Volume: 76

Year: 2015

Bluebook Citation: 76 MONT. L. REV. ONLINE (2015)

Author: Kristen Zadick: all 3 publications


Abstract

Does an insurer assume a duty to defend its insureds by voluntarily defending its insureds? If so, does an insurer breach its assumed duty to defend by withdrawing its defense prior to exhausting the policy limits? Following a confessed judgment against its insureds, is an insurer entitled to a hearing in the underlying action to review the reasonableness the judgment? If so, may the insurer intervene in the underlying action to contest the judgment?

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