News & Analysis as of

Settlement Agreements Insurance Claims

Goldberg Segalla

[Webinar] Time-Limited, Policy Limits Demand: Critical Issues Facing Insurers When Settling Third-Party Liability Claims - July...

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Join Goldberg Segalla partners Brady Yntema and Jeff Matty for an interactive webinar discussing critical issues facing insurers when presented with a time-limited, policy-limits demand to settle third-party liability claims...more

Marshall Dennehey

Be Specific to Avoid Waiver of Subrogation Rights

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Key Points: New Jersey Workers’ Compensation Statute includes provisions for employers to seek subrogation in claims involving third-party recoveries by employees....more

Bennett Jones LLP

What Class Action Settlement Costs Will A Defendant’s Insurer Cover? The Ontario Superior Court of Justice Provides Some Answers

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In Tokio Marine & Nichido Fire Insurance v Honda Canada, 2025 ONSC 2856, the Ontario Superior Court upheld an arbitral panel's conclusion that an umbrella insurance policy covered settled class counsel fees, but not...more

DLA Piper

SDNY Bankruptcy Court Approves Settlement Agreements with Nonconsensual Third-Party Releases for Insurance Companies

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In the chapter 11 bankruptcy case of In re Roman Catholic Diocese of Rockville Centre, New York, Case No. 20-12345 (MG), the US Bankruptcy Court for the Southern District of New York recently approved settlement agreements...more

Marshall Dennehey

Appellate Court Finds No Settlement Contract Due to Carrier’s Conditional Settlement Offer and Failure to Finalize Performance...

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Esther Lorenzo v. Homeowners Choice Prop. & Cas. Ins. Co., Fla. 3d DCA, No. 3D23-2105, October 30, 2024 - The Third District Court of Appeals reversed the trial court’s order granting the homeowners’ motion to enforce a...more

Carlton Fields

Texas Supreme Court Holds $220M Settlement Agreement Is Not Binding on Insurers Without Insurer’s Consent Where Insured Faced No...

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In In re Illinois National Insurance Co., the Texas Supreme Court held that disclaiming insurers were not bound by any underlying settlement agreement, entered into without the insurers’ consent, where the claimants promised...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - October 2023

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The insured, a jewelry business, filed a coverage action against Certain Underwriters at Lloyd’s of London, which denied coverage to the insured under a policy purchased for the insured’s jewelry. The insured’s complaint...more

Hinshaw & Culbertson - Lawyers for the...

Different Outcomes for Two Law Firms in Legal Malpractice Case Confirm That Lawyers Representing Estate Administrator Do Not Owe a...

Brief Summary - The United States District Court for the Northern District of Illinois held that a law firm representing the administrator in estate proceedings did not owe a duty to a beneficiary of the estate, and the...more

Carlton Fields

Georgia Appellate Court Finds Insurer’s Intended Acceptance of Presuit Settlement Offer Invalid, As Check Was Issued Earlier Than...

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In Pierce v. Banks, the Georgia Court of Appeals reversed a trial court order denying plaintiff Aaron Pierce’s partial motion for summary judgment and granting a cross-motion to enforce a settlement in favor of defendant...more

Hinshaw & Culbertson LLP

[Event] 22nd Annual Legal Malpractice & Risk Management Conference (LMRM) - March 7th - 9th, Chicago, IL

Do you have plans for March 7-9? Join us at Hinshaw's 22nd Annual Legal Malpractice & Risk Management Conference (LMRM) at The Ritz-Carlton Chicago. Register by January 27 to take advantage of the Early Bird Discount. Join...more

Ervin Cohen & Jessup LLP

Are Consumer Protection or False Advertising Claims Covered By Insurance?

​​​​​​​Whether consumer protec­tion or false advertising claims are covered by insurance depends on the kind of insurance policies in play. For ex­ample, coverage for such claims under a CGL policy is unlikely be­cause an...more

Lowenstein Sandler LLP

Mediating Complex Insurance Coverage Disputes Series Part 4 - How to Seal the Deal

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In this episode, hosts Lynda A. Bennett and Michael D. Lichtenstein discuss the final stage of mediation, or how to “seal the deal.” They debate the pros and cons of addressing non-financial terms of the settlement, such as...more

Jones Day

New York High Court Finds Disgorgement Payment Insured "Loss" Rather Than Uninsurable "Penalty"

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Reversing the New York Appellate Division, First Department, the New York Court of Appeals, in a 6–1 landmark decision, held that a $140 million disgorgement payment is an insured "loss," after a long history of insurance...more

Polsinelli

Multistate Regulatory Action a Significant Reminder that Insurers Must Only Conduct Business with Licensed TPAs

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A life and health insurer recently reached a settlement agreement with thirty-nine (39) state insurance departments following a targeted multistate market conduct examination (“Multistate Examination”). The Multistate...more

Cozen O'Connor

Can a Settlement Demand Above Policy Limits Fall within Limits? A Calif. Appellate Court Says Yes

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California law generally requires that an insurer reject a reasonable settlement demand within the policy limits before it can be liable for a bad faith failure to settle. See Samson v. Transamerica Ins. Co., 30 Cal.3d 220,...more

Wiley Rein LLP

Ninth Circuit: Excess Carrier Not Entitled to Challenge Payment Decisions of Underlying Carriers

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The United States Court of Appeals for the Ninth Circuit, applying California law, has held that an excess insurer could not second-guess the payment decisions of underlying insurers absent a showing of fraud or bad faith, or...more

Carlton Fields

Look No Further Than the Insuring Clause: Ill-Gotten Gains Do Not Constitute Covered “Loss”

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On August 26, 2019, the Eleventh Circuit Court of Appeals, applying Florida Law, held that ill-gotten gains do not constitute covered “loss” within the meaning of a D&O policy. In Philadelphia Indemnity Insurance Co. v. Sabal...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - August 2019 #4

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We have definitely seen an uptick in the number of ransomware attacks against municipalities around the country. Thus far, the attacks have been against single cities, towns, and court systems, and recently against a...more

Neal, Gerber & Eisenberg LLP

Illinois Appellate Court Holds Insurer Did Not Waive Right to Arbitrate Despite Years-long Delay in Pursuing ADR

In Caterpillar, Inc. v. Century Indem. Co., et al., 2019 IL App (3d) 190032, the Illinois Appellate Court, Third District, issued an opinion that highlights the need for parties to carefully consider alternate dispute...more

Steptoe & Johnson PLLC

First Look - Spring 2019: Insurance Newsletter

It takes a nimble insurer to navigate around the landmines created by a consent judgment. This issue explores the challenges presented when a plaintiff and a defendant settle a claim, yet they agree that the plaintiff will...more

Carlton Fields

Court Rejects Attempt to Relitigate Arbitration Award

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The California Court of Appeal (Fourth District) recently rejected a dissatisfied litigant’s attempt to relitigate an arbitration decision that went against it to the tune of more than $18 million....more

Carlton Fields

Court Finds No Coverage for $42 Million False Claims Act Suit Due To Late Reporting

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A federal court has found no coverage for a $42 million whistleblower settlement due to the insured’s failure to timely report the claim to its carrier. PAMC, Ltd. v. National Union Fire Insurance Company of Pittsburgh, Pa.,...more

Butler Weihmuller Katz Craig LLP

The Markovits Decision: Considerations And Implications

Recently, Florida’s First District Court of Appeal held that for purposes of determining the timeliness of a proposal for settlement, the complaint is considered served on the insurer when process is served upon the statutory...more

Carlton Fields

SEC-ordered Disgorgement Is An Uninsurable “Penalty,” Not A Covered “Loss”

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A New York intermediate appellate court has ruled that a $140 million “disgorgement” payment ordered by the SEC in resolution of an investigation into securities laws violations was a “penalty” that was not covered by...more

Orrick - Finance 20/20

New York Federal Judge Approves Wells Fargo $1.2 Billion Settlement with FHA

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On April 8, U.S. District Judge Jesse M. Furman approved a $1.2 billion settlement paid by Wells Fargo NA to the Federal Housing Administration (“FHA”) over allegations that Wells Fargo submitted insurance claims for...more

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