Where there is no agreement, it has been held that the insurer has no right to reimbursement of its settlement payment. Accord with Medical Mal. Joint Underwriting Ass'n of Mass. v. Goldberg, 425 Mass. 46, 680 N.E.2d 1121, 1129 (1997), cited in 1 DENNIS J. WALL, LITIGATION AND PREVENTION OF INSURER BAD FAITH § 3:6 (West Publishing Company 3d Edition, 2024 Supplements in process): Berkley Nat'l Ins. Co. v. Atl.-Newport Realty LLC, ___ F.4th ___, No. 22-1959, 2024 WL 723978, at *5 (1st Cir. Feb. 22, 2024).
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