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Liability Insurance Settlement Insurance Litigation

Carlton Fields

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

Carlton Fields on

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

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

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

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

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