 The first situation is where an insured abandoned in bad faith by its liability insurer makes a special settlement agreement with the plaintiff.Sometimes this occurs after trial, where the insured has attempted to defend himself or herself by paying for a lawyer out of pocket, but went to verdict and lost (the actual situation in the landmark "Comunale" case); other times it occurs before trial and the parties agree to put on an uncontested show trial that results in a final verdict and judgment against the insured.Either way, the plaintiff agrees to not actually execute on the final judgment against the insured in exchange for an assignment of the assignable components of the insured's causes of action against its insurer.