In Commercial Union Assurance Companies v. Safeway Stores, Inc. (1980) 26 Cal. 3d 912, 917-918 164 Cal. Rptr. 709, 610 P.2d 1038 the bad faith of the insurers had caused a judgment against the insured for an amount in excess of the relevant policies. In these cases, which involved equitable subrogation between primary and excess carriers, recovery for breach of the implied covenant was allowed because the wrongful refusal to settle had caused judgments in excess of policy limits against the insured; i.e., the insured was damaged. (Commercial Union Assurance Companies v. Safeway Store, Inc., supra, at pp. 917-918; Northwestern Mut. Ins. Co. v. Farmers' Ins. Group, at pp. 1040, 1049-1050.) In other words, the insured suffered damages because of a failure to settle.