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Every time a liability insurance policyholder causes an accident, he has a potential legal battle, not only with the party he injured, but also with his liability insurance company. This occurs most often when the insurance company declines an offer of settlement within the amount of the insured's liability insurance policy and, subsequently, a verdict is rendered against the insured for an amount in excess of his liability insurance coverage.1 The insured may be able to recover this excess in a suit against his insurance company because the liability insurance company improperly represented his interest: in deciding "not to settle," it placed its own interests above that of its client.2 In determining when the in-

Statutory Strict Liability for an Insurer's Failure to Settle: A Balanced Plan for an Unresolved Problem