Read the following excerpt from a US court opinion:
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Co., 947 S.W.2d 908, 913-14 (Tex.App.-Dallas 1997, pet. denied), ovemiled on other grounds by Apex Towing Co. v. Tolin, 41 S.W.3d 118, 122-23 (Tex.2001), which held that, when policy gives absolute right to settle third-party claims, courts are not permitted to “engraft any consent requirement onto [the] policy”). The court recognized a separate issue was presented on whether the insurer owed extra-contractual duties to prudently investigate and settle claims. Id. However, because the policy gave the insurer the right to settle claims, its discretion in investigating and paying claims was not contractually limited. Id. Consequently, the court held the insured had no breach of contract action against the insurer as a matter of law. See id. at 89-90; see also Dear, 947 S.W.2d at 913-15 . Zurich contended that, likewise, Methodist’s
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What is the most suitable continuation to the opinion? Your options are:
A. holding insured had no viable breachofcontract or negligence theories of recovery for liability insurers improper handling and settlement of thirdparty claim although he complained its actions caused him loss of business and increased costs for professional liability insurance because he was bound by terms of policy he purchased including provision vesting insurer with right to settle any claim
B. holding that insureds breach of contract suit against insurer raised a coverage issue which was not settled by insurers payment of only part of what insured was claiming in breach of contract action
C. holding that insured was not required to suffer an excess judgment before it could sue its excess insurer and primary insurer for bad faith failure to settle where it was alleged the insurers arbitrarily refused to settle and insured was required to pay 1 million in settlement to avoid near certainty of larger judgment that would exceed all available coverage
D. holding despite a reservation of rights that when the insurer provides a defense to its insured the insured has no right to interfere with the insurers control of the defense and a stipulated judgment between the insured and the injured claimant without the consent of the insurer is ineffective to impose liability upon the insurer
E. holding insured relinquished right to sue general liability insurer for breach of contract relative to insurers allegedly improper handling and payment of thirdparty claim by purchasing policy which gave insurer right to settle
Reply with [A, B, C, D, E] only.