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Settlement Agreements › Policy Terms

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

Ervin Cohen & Jessup LLP

Are Consumer Protection or False Advertising Claims Covered By Insurance?

Ervin Cohen & Jessup LLP on

​​​​​​​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

Cozen O'Connor

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

Cozen O'Connor on

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

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

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

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - August 2019 #4

Robinson & Cole LLP on

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

Neal, Gerber & Eisenberg LLP on

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

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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

Michigan Auto Law

The “Game” of 7 Day Car Insurance Policies continues with 6 Month Policies with Installment Payments

Michigan Auto Law on

“Michigan stops LA Insurance’s sale of 7 day car insurance policies, but will the uninsured driver problem in Detroit improve now that 7 day policies are being replaced with 6 month car insurance with installment payments?” ...more

Nossaman LLP

Ninth Circuit Reaffirms Policyholder Right to Sue Recalcitrant Excess Insurer

Nossaman LLP on

A new opinion published on March 21, 2017 from the Ninth Circuit (Teleflex Medical Inc. v National Union, Case no 14-56366 ) affirmed a $6+ M judgment against AIG subsidiary National Union, who was excess a primary policy...more

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