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Insurance Industry › Settlement › Liability Insurance

Hinshaw & Culbertson - Insights for Insurers

The Ultimate Social Inflation Survival Guide

Hinshaw & Culbertson - Insights for Insurers on

Insurance professionals, risk managers, and counsel deal with it on a daily basis, plaintiffs' personal injury lawyers are driving and benefiting from it, consumers and policyholders are paying for it, litigation funders are...more

Robins Kaplan LLP

A Magnifying Glass on the Notice Prejudice Standard in Massachusetts for Excess Insurers

Robins Kaplan LLP on

What happens between a primary and excess liability insurer when their mutual insured is hit with a verdict $2.15 million over the primary limit and the excess insurer was not put on notice until after the verdict? This was...more

Bradley Arant Boult Cummings LLP

Insurance in the Know (Part 2): Settlement Offers Within Policy Limits Heighten Scrutiny on Insurers

Bradley Arant Boult Cummings LLP on

Parties to a lawsuit may have vastly different perspectives on the validity and value of a claim, but as a matter of course, the issue of settlement will arise. Trial is an exceedingly expensive endeavor with an uncertain...more

Farella Braun + Martel LLP

More Stringent California Claim Law Could Benefit Policyholders

Farella Braun + Martel LLP on

To combat a perceived litigation tactic by plaintiffs counsel of using settlement demands within policy limits to set up insurers for bad faith, insurance company associations lobbied for statutory clarification to avoid...more

Ervin Cohen & Jessup LLP

Getting Your Insurer To Favorably Resolve Litigation

Ervin Cohen & Jessup LLP on

Where a liability carrier has assumed its insured’s defense under a reservation of rights, a variety of conflicts between those parties may arise when there are settlement discussions to resolve the underlying litigation....more

Carlton Fields

Look, up in the sky! It’s a bird, it’s a plane, it’s… uh oh… a Super Lien!

Carlton Fields on

Liability insurers have always gnashed teeth over the dreaded “super lien” – aka a lien asserted by Medicare for treatment expenses where the patient is reimbursed through a settlement obtained in personal injury litigation....more

Carlton Fields

For Excess Liability Insurers, Consent-to-Settle Clauses Still Count

Carlton Fields on

When a liability insurer defends its insured under a reservation, recent decisions limit the insurer’s right to enforce a policy’s consent-to-settle clause. But can the reservation affect the rights of an excess carrier? And...more

Foley Hoag LLP - Environmental Law

Words Matter — Settlement Agreements Should be Enforced As Written

Foley Hoag LLP - Environmental Law on

Sometimes you read a decision and it’s hard to understand how there really were two plausible sides to the dispute. Arrowood Indemnity Company v The Lubrizol Corporation is one such a decision. There, a policyholder sold...more

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