News & Analysis as of

Insurance Claims Settlement Negotiations

Searcy Denney Scarola Barnhart & Shipley

7 Important Factors to Consider Before Accepting a Car Accident Insurance Settlement

If you’ve been injured in a car accident, accepting an insurance settlement will allow you to start moving on with your life. But, if you settle your claim too soon, this could prove to be a very costly mistake. There are...more

J.S. Held

Strategic Management of Builder’s Risk Claims in Infrastructure Projects: A Comprehensive Guide

J.S. Held on

This article is a tool for stakeholders involved in infrastructure projects. It conveys knowledge about the complexities of builder's risk claims, offering insights into risk management strategies, good practices, and the...more

White and Williams LLP

Top Developments March 2023

White and Williams LLP on

Chem. Solvents, Inc. v. Greenwich Ins. Co., 2023 U.S. App. LEXIS 868 (6th Cir. Jan. 13, 2023) - A divided Sixth Circuit panel holds that, under Ohio’s “all sums” allocation scheme, “targeted” insurers may seek indemnity...more

Lowenstein Sandler LLP

Sending Up the Mediation Smoke Signal: Tools that Policyholders Have Available to Settle A Claim With A Recalcitrant Insurer

Lowenstein Sandler LLP on

What should a policyholder do if its insurance company refuses to pay all or most of a settlement offer made during mediation? Lynda A. Bennett and Eric Jesse outline the options, from the less-than-ideal approach of walking...more

Saul Ewing LLP

What to do When Your Business Has Been Sued

Saul Ewing LLP on

In this episode of "The Entrepreneur Advisor," Partner Steven Malitz of Saul Ewing Arnstein & Lehr’s Litigation Practice discusses the key steps a business owner should take before and after being served with a lawsuit, as...more

Lowenstein Sandler LLP

Settling a Claim: Get Comfortable With Being Uncomfortable

Lowenstein Sandler LLP on

Although the time may be right to settle that underlying action, issues can arise when your insurer is not on the same page, especially if the insurer has agreed to defend the claim subject to a reservation of rights on...more

NAM (National Arbitration and Mediation)

Some Thoughts On Insurance And Reinsurance Mediation

Having served as a commercial mediator for the Southern District of New York mediation program for 28 years, I have some thoughts about the use of mediation to resolve insurance and reinsurance disputes. My perspective is...more

Butler Weihmuller Katz Craig LLP

What's in a name?

What Plaintiffs call a “confidential settlement negotiation”. By any other name would be an “other paper” and establish the amount in controversy. The Middle District of Florida recently considered the issue of whether...more

Robins Kaplan LLP

“That Settles It”: The Georgia Supreme Court Provides Clarity Regarding an Insurer’s Duty to Settle

Robins Kaplan LLP on

NEW GUIDANCE FROM THE GEORGIA SUPREME COURT RE: AN INSURER’S DUTY TO SETTLE - The issue of whether an insurer has fulfilled its duty to settle in good faith was recently litigated in Georgia. Under Georgia law “[a]n...more

Bradley Arant Boult Cummings LLP

Insurers Beware: One Insurer’s Settlement Can Support a Bad Faith Failure-to-Settle Claim Against a Nonsettling Insurer

An insurer defending a claim against an insured that could exceed policy limits has a good faith obligation to settle the claim if possible. Failure to do so puts a nonsettling insurer at grave risk. An Eleventh Circuit...more

Zelle  LLP

Limited Power of Attorney No Substitute for AOB in Texas

Zelle LLP on

When an insured suffers a loss, they sometimes do not have the resources up front to make the repairs to their property. In many states, an insured can hire a contractor to perform the work in exchange for a post-loss...more

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