Forman

Forman v. Government Employees Insurance

Good Law
920 F. Supp. 1065·1996 WL 159293·1996 U.S. Dist. LEXIS 4278
United States District Court, Northern District of CaliforniaApril 1, 1996No. C-95-1225 EFL (ENE)California666 words

Opinion

lead Opinion

Lynch, J.

ORDER

Plaintiffs filed this declaratory relief action seeking coverage under an automobile insurance policy. Plaintiffs seek a judicial declaration as to the scope and extent of the insurance policy issued by defendant GEICO. Plaintiffs joined the United States as an indispensable party.

Plaintiffs have reached a settlement agreement with defendant GEICO and the Jones defendants. 1 Plaintiffs and defendants seek to have the settlement declared in good faith pursuant to California Code of Civil Procedure § 877.6(a).

The Court finds that the settlement is clearly in good faith. In Tech-Bilt, Inc. v. Woodward-Clyde & Associates, 38 Cal.3d 488, 499 , 213 Cal.Rptr. 256 , 698 P.2d 159 (1985), the California Supreme Court enumerated several factors to consider in determining whether a settlement is in good faith. These factors include the absence of collusion, whether the amount of the settlement is within the reasonable range of the settlors’ liability, whether there is a discount for settlement, whether the amount is reasonable in light of the settlor’s financial condition, and whether the allocation of proceeds is reasonable. The Court finds that the amount of the settlement is…

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