Mission Power Engineering, a California Corporation v. Continental Casualty Company, Inc., an Illinois Corporation

103 F.3d 139 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. MISSION POWER ENGINEERING, a California corporation, Plaintiff-Appellee, v. CONTINENTAL CASUALTY COMPANY, INC., an Illinois corporation, Defendant-Appellant. No. 95-55839. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 6, 1996. Decided Nov. 22, 1996. 1 Before: FERNANDEZ and HAWKINS, Circuit Judges, and SCHWARZER, District Judge. * 2 MEMORANDUM ** 3 Continental Casualty Company, Inc. appeals a judgment issued after a jury verdict, which awarded damages for breach of contract and breach of the covenant of good faith and fair dealing, in favor of Mission Power Engineering Company. It also appeals the award of attorneys fees to Mission. We affirm. 4 1. We agree with the district court that under California law an insured may settle an action against it when the insurance company has unreasonably refused to participate in settling the case and the insured is exposed to the possibility of a…