The plaintiff sued the defendants for personal injuries sustained at a party.
The defendant McKellar's insurer appointed counsel to defend him under a reservation of rights, as the claim exceeded policy limits.
McKellar retained personal counsel for his over-limits exposure.
The insurer-appointed counsel negotiated a settlement within policy limits, which the plaintiff accepted.
McKellar's personal counsel objected to the settlement and brought a motion to be appointed co-counsel, seeking to have his legal fees paid from the settlement proceeds.
The court dismissed the motion, finding no divergence of interest between the insurer and the insured, and granted the plaintiff's motion for judgment in accordance with the settlement.
