News & Analysis as of

Settlement Agreements Insurance Litigation

Goldberg Segalla

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

Goldberg Segalla on

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

Marshall Dennehey on

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

Bennett Jones LLP on

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

DLA Piper on

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...

Marshall Dennehey on

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...

Carlton Fields on

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

Rivkin Radler LLP on

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

Carlton Fields

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

Carlton Fields on

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

Butler Weihmuller Katz Craig LLP

Deal or No Deal: The Florida Supreme Court clarifies what it takes for an offer of judgment to be deemed accepted

Recently, the Florida Supreme Court resolved an interdistrict conflict between the decision of the Second District Court of Appeal in Suarez Trucking FL Corp. v. Souders, 311 So. 3d 263, 272 (Fla. 2d DCA 2020) and the...more

Cozen O'Connor

Texas Court of Appeals Adds Confusion to Post-Appraisal Litigation Under the TPPCA

Cozen O'Connor on

Ever since the Texas Supreme Court changed the landscape of Texas law regarding appraisal in Barbara Technologies Corp. v. State Farm Lloyds, 589 S.W.3d 806 (Tex. 2019) and Ortiz v. State Farm Lloyds, 589 S.W.3d 127 (Tex....more

Robins Kaplan LLP

Damned if You Do, Damned if You Don’t

Robins Kaplan LLP on

Seifer v. Government Employees Insurance Company, decided by the First Circuit on May 13, 2022, raises an issue that could cause insurers to rethink how they handle claim investigations and pre-suit settlements. Seifer raises...more

Faegre Drinker Biddle & Reath LLP

Possible $2.5 billion CalPERS Settlement Agreement Falls Through

A possible settlement agreement has fallen through in a suit between CalPERS and a group of policyholders over a 2013 proposed 85 percent rate hike. The agreement would have covered approximately 60,000 policyholders....more

Lowenstein Sandler LLP

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

Lowenstein Sandler LLP on

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"

Jones Day on

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

White and Williams LLP

Eleventh Circuit Finds No Bad Faith Where Insurer Failed to Provide “Mirror-Image” Response to Claimant’s Demand

In Florida, an insurer is required to work diligently on the insured’s behalf to avoid an excess judgment, with the “same haste and precision as if it were in the insured’s shoes”. Harvey v. GEICO General Insurance Company,...more

Butler Weihmuller Katz Craig LLP

North Carolina Settlements: Unsigned, Sealed, and Delivered

Covid-19 has turned mediations on their head.  The parties are no longer together in well-appointed conference rooms trying to work out their differences.  Instead, they are “together” in Zoom rooms with kids or dogs making...more

Wiley Rein LLP

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

Wiley Rein LLP on

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

Adler Pollock & Sheehan P.C.

Settlement And Assignment Agreements And The Threat Of ‘Underlitigation’

A recent Supreme Judicial Court (SJC) decision offers guidance for situations in which a defendant settles a case and assigns its insurance rights to the plaintiff. Settlement agreements are encouraged as a matter of general...more

Carlton Fields

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

Carlton Fields on

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

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

Carlton Fields

Second Circuit Vacates SDNY Order Enforcing Arbitration Award Against Reinsurer

Carlton Fields on

In the latest iteration of a complex reinsurance dispute, the U.S. Court of Appeals for the Second Circuit vacated a 2018 district court order enforcing an arbitration award against IRB Brasil Resseguros S.A. (IRB). ...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

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

In Dispute Over Consolidation, California Federal Court Grants Petition to Compel Appointment of an Arbitrator in One of the...

Carlton Fields on

The background of this case in California federal court is that The Hartford (“Hartford”) issued reinsurance billings to Employers Insurance Company of Wausau (“Wausau”) for settlement payments made to one insured under...more

Carlton Fields

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

Carlton Fields on

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

36 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide