Maxconn Incorporated v. Truck Ins. Insurer has no duty to defend inducement of patent infringement case under policy s advertising injury coverage and under Insurance Code Section 533. Counsel provided by insurer has statutory duty to include insured s independent counsel in settlement negotiations and must cooperate in exchange of information. Infringement of a name is not covered by a policy s advertising injury provision unless the name is a slogan or a literary or artistic work. Claims against insurers for excessive rates are barred where rates charged by insurers have been approved by the Insurance Commissioner under the Insurance Code.
Insurer has no duty to indemnify award of punitive damages.
Settlement entered without carrier's consent is unforceable against defending carrier. Policyholder may not sue independent insurance adjuster for bad faith where no contractural relationship exists between them. Shareholders who are not parties to the insurance contract nor named insured cannot sue corporation's insurer for bad faith. Insurer may be estopped from denying claim based on policy's limitations period where insurer failed to disclose time limits. St. Joe Minerals Corp. v.