News & Analysis as of

Liability Insurance Settlement

Carlton Fields

Tenth Circuit Interprets Excess Policy’s Definition of “Medical Incident” as Applying to the Injuries of One Single Person

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On May 2, 2025, the Tenth Circuit Court of Appeals issued an opinion in AdHealth Limited v. PorterCare Adventist Health Systems affirming the lower court’s summary judgment ruling that a hospital’s excess liability insurance...more

Hinshaw & Culbertson - Insights for Insurers

The Ultimate Social Inflation Survival Guide

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

Stark & Stark

Slip, Trip, and Fall Accidents: What You Do Next Matters

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In my years representing seriously injured clients throughout New Jersey, I’ve seen just how devastating a simple slip, trip, or fall can be. A cracked sidewalk or uneven paver stones, a wet grocery store floor, or a poorly...more

Stark & Stark

Understanding Slip and Fall Accidents in New Jersey: What You Need to Know

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As a New Jersey personal injury lawyer, I understand the devastating impact a slip and fall accident can have on your life. Whether it’s a fall in a store, a slippery sidewalk, or even a poorly maintained stairway, these...more

Robins Kaplan LLP

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

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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

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

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

White and Williams LLP

The Last One Standing Stands Tall: NJ Asbestos Trial Defendants Can Use Settled Defendants’ Testimony to Prove Cross-Claims

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Most experienced asbestos trial lawyers will shout, “Depositions live forever!,” suggesting that evidence produced in one case at one time and in one state may live to influence the outcome in many cases for decades to come....more

Patterson Belknap Webb & Tyler LLP

In the News: USA Gymnastics Files Bankruptcy Due to Fallout over Sex-Abuse Scandal

A sex-abuse scandal has landed another organization in bankruptcy court. USA Gymnastics (“USAG”) filed chapter 11 last week in Indiana following a team doctor’s conviction for abusing hundreds of girls. ...more

Carlton Fields

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

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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

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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

Proskauer - The Capital Commitment

6 Questions PE Sponsors Must Ask About Their GPL Policies

Private equity fund sponsors are facing increased litigation risk from regulators and private parties, including limited partners and stakeholders in portfolio companies. As a result, private equity firms should re-examine...more

Proskauer - Employee Benefits & Executive...

How to Settle an ERISA Breach of Fiduciary Duty Case and Sleep at Night: A Checklist for Plan Trustees to Consider

Plan trustees often look to settle ERISA fiduciary breach claims brought against them as a way to put the past behind them. Assuming there is enough fiduciary liability insurance coverage available to pay the proposed...more

Foley Hoag LLP - Environmental Law

Words Matter — Settlement Agreements Should be Enforced As Written

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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