set up

An improper attempt by a plaintiff and/or policyholder to manufacture a bad faith lawsuit against an insurer, often by agreeing that a policyholder is liable to a plaintiff and/or agreeing to the amount of the plaintiff’s damages without legitimate evidentiary support. Properly the courts are sensitive to and uniformly decry a set-up. (Doser v. Middlesex Mutual Ins. Co. (1980) 101 Cal. App. 3d 883, 892: “bootstrapped their damages with the ingenious assistance of counsel.”) (J.B. Aguerre, Inc. v. American Guarantee & Liability Ins. Co. (1997) 59 Cal.App.4th 6, 18: “concoct a bad faith claim out of whole cloth.”)

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