John Brydon represented the defendant, Transamerica Insurance, in a bad faith case between primary and excess carriers involving the duty of the primary insurer to settle a multi-million dollar products liability case within policy limits.   In the underlying action, Transamerica had refused to settle because of the unlikelihood that the trial verdict would exceed the $1.5 million policy limit.   After an initial defense verdict that was reversed by the Colorado Supreme Court, a substantial excess verdict was returned, which was then the largest products liability verdict in that state's history.   Plaintiff Industrial Indemnity, which carried the excess coverage, was seeking to recoup nearly $3 million plus attorney fees from the defendant, Transamerica, based on an alleged unreasonable refusal to settle before the second trial.   Brydon successfully demonstrated at trial that his client was reasonable in rejecting the offers to settle.   The court ruled in favor of Transamerica - a complete victory for the client.   Brydon also handled the companion case of PPG Industries Inc. v. Transamerica Insurance Ins. Co. (1999) 20 Cal. 4th 310, in which the insured also sued for bad faith.   Summary judgment was entered in favor of Brydon's client on the insured's claim that the insurer should pay the punitive damages assessed in the underlying action.   That case ultimately reached the California Supreme Court, which affirmed summary judgment in a decision that has received national attention.  

(Industrial Indemnity v. Transamerica Insurance Group, Los Angeles Superior Court,
Case No. BC113299, 9/09/96)