(N.C. Super. Ct. June 30, 2021); see also Kirkpatrick & Assocs., Inc. v. Wickes Corp., 280 S.E.2d 632, 636 (N.C. Ct. App 1981) (where an indemnitor received notice of the underlying claim and is invited to assume the defense but refuses to do so, “[a] settlement is presumed to be fair and reasonable, and the burden of showing a lack of good faith is upon the party asserting it.”) (citing Wheeler v. Denton, 175 S.E.2d 769, 772 (N.C. App. 1970)); Bridgestone/Firestone, Inc. v. Ogden Plant Maintenance Co. of North Carolina, 548 S.E.2d 807, 811-812 (N.C. App. 2001).

When one tortfeasor chooses to settle and another chooses to litigate, inequality in the ultimate cost does not signalize bad faith. (See Wheeler v. Denton, 9 N.C. App. 167 [ 175 S.E.2d 769, 771-772].) "On the other hand, if the policy of encouraging settlements is permitted to overwhelm equitable financial sharing, the possibilities of unfair tactics are multiplied.