In Triplett v. Farmers Ins. Exchange (1994) 24 Cal.App.4th 1415, the trial court had sanctioned an insurer under Code of Civil Procedure section 128.5, based expressly on its decision to defend rather than to settle. (Triplett v. Farmers Ins. Exchange, supra, at pp. 1419-1420.) The appellate court therefore held that: "A trial court may not sanction (under 128.5) a defendant's decision to insist on its constitutional right to a jury trial rather than settle a case . . . ." (Id. at p. 1422.)