Lindenwood Contractors was hired to construct the new corporate headquarters for Big D’s Donuts. While erecting the steel structure, one of crane operators lost control of the crane and dropped a load of steel beams onto the roof of a vacant building next to the construction site. The beams caused considerable damage to the vacant building and injured Timo Hargens, a homeless person who was sleeping on the roof of the building. As a result of the accident, Timo suffered two broken legs, two broken arms, a fractured spine and dislocated head. Timo sued Lindenwood Contractors for damages from the injuries caused by the steel beams. Lindenwood tendered Timo’s claim to its insurance carrier, All Farm Alliance. Lindenwood carried $1,000,000 liability coverage for claims arising out of business operations. Timo sued Lindenwood for $2,000,000 claiming that he suffered substantial permanent injuries as a result of being struck by the falling steel beams. All Farm Alliance refused to settle the claim because Timo was trespassing on the roof when he was struck, and had no legal permission to be there. All Farm Alliance believed Timo’s trespass status gave Lindenwood Contractors a legal defense to Timo’s claim. Prior to trial, Timo offered to settle his claim for $850,000. Lindenwood Contractors told All Farm Alliance to settle the claim for that amount. All Farm Alliance refused to settle the claim, believing it had a strong defense. At trial, the jury returned a verdict for $2,300,000 in favor of Timo and against Lindenwood. Lindenwood argues that All Farm Alliance should have settled the lawsuit instead of risking a large jury verdict. What rights, if any, does Lindenwood Contractors have against All Farm Alliance?
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