SAN DIEGO - Although the insurers in an underlying lawsuit ultimately paid to settle a default judgment against one of the defendants, a panel in the Fourth District California Court of Appeal held that he did not provide the necessary "substantial evidence" to show that the insurers had assumed a duty to defend or that coverage had been determined by the court to support a bad faith claim (Donald DeWitt v. Monterey Insurance Co., et al., No. D057887, Calif. App., 4th Dist.; 2012 Cal. App. LEXIS 283).