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

Authors

Kristen Zadick, Alexander Blewett III School of Law

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?

Recommended Citation

Kristen Zadick, Oral Argument Preview, Kohler v. Keller Transport, Inc.; Westchester Surplus Lines Insurance Company v. Keller Transport, Inc.: After a Confessed Judgment, is an Insurer Entitled to a Reasonableness Hearing in the Underlying Tort Action?, 76 Mont. L. Rev. Online 105, https://scholarship.law.umt.edu/mlr_online/vol76/iss1/13.