Finkelstein

Appellant, Ronald Finkelstein, appeals following a summary judgment in favor of respondent, 20th Century Insurance Company. Appellant alleged causes of action for breach of the implied covenant of good faith and fair dealing regarding insurance coverage and for duress. Appellant premised his causes of action on the respondent’s refusal to settle an automobile insurance claim within the insurance policy’s limits, where appellant deemed himself subject to a substantial probability of a judgment in excess of the policy limits. No excess judgment was ever entered against appellant, who had voluntarily contributed $6,700 above the $75,000 provided by respondent to settle the suit against appellant for an amount below the policy’s limits. We find that an insured cannot maintain an action for bad faith exposure to an excess verdict in the absence of such a verdict, and that appellant was not under improper duress from respondent to contribute his own funds toward the settlement.

Facts

The case arose from an automobile accident on May 5, 1985, which resulted in appellant’s felony conviction for driving under the influence of alcohol. The injured parties sued appellant, who was…