News & Analysis as of

Settlement Insureds

White and Williams LLP

First Circuit Limits Insurers’ Right to Recoup Defense Costs, Settlement Payments

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Weighing in on an issue that has divided courts nationwide, the U.S. Court of Appeals for the First Circuit has ruled that an insurer under Massachusetts law has no right to recoup defense costs, or amounts the insurer pays...more

White and Williams LLP

New York Preserves Subrogation Rights

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The insurer’s right of subrogation is equitable in nature, even if not based in contract. However, since the insurer steps into the shoes of its insured and is limited to the rights of its insured, an integral part of the...more

Maron Marvel

Contractual Additional Insureds – What Coverage? The Texas Supreme Court Weighs In

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Primary and excess insurance carriers and their counsel need to pay close attention to a new Texas Supreme Court case Exxon Mobil vs. National Union Fire Insurance Company of Pittsburgh Pennsylvania and Starr Indemnity &...more

K&L Gates LLP

Damages for Late Payment of Insurance Claims - Good News For Policyholders

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From 4 May 2017 it became possible for policyholders to recover damages from insurers who have not paid valid claims within a ‘reasonable period of time’. The change has been brought about by section 28 of the Enterprise...more

Jaburg Wilk

What is a Morris Agreement?

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A “Morris Agreement” is a “settlement agreement entered into when the insurer is defending under a reservation of rights under which the insured stipulates to a judgment, assigns his rights against the insurer to the...more

Morris James LLP

Superior Court of Delaware Finds that Settlement Amounts not Uninsurable Disgorgement

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The Superior Court’s Complex Commercial Litigation Division held in TIAA-CREF Individual & Institutional Services, LLC v. Illinois National Insurance Company, C.A. No. N14C-05-178 (JRJ) (CCLD) that amounts TIAA-CREF paid in...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law - August 2015

Insured's Notice to Broker Satisfied Policy Requirements, Illinois Court Rules - Why it matters: An insured's notice to its broker satisfied the policy's notice requirements, an Illinois appellate panel recently...more

Proskauer - Insurance Recovery & Counseling

Georgia Supreme Court Complicates Policyholders’ Ability to Settle Claims Brought Against Them

As we previously reported here, the U.S. Court of Appeals for the Eleventh Circuit asked the Georgia Supreme Court to weigh in on the coverage dispute in Piedmont Office Realty Trust, Inc. v. XL Specialty Insurance Co....more

Saul Ewing Arnstein & Lehr LLP

Court of Appeals of the State of Washington: Bad Faith Damages May Exceed the Amount of a Reasonable Covenant Judgment

Miller v. Kenny, No. 68594-5-I, 2014 WL 1672946 (Wash. Ct. App. Apr. 28, 2014) - The Court of Appeals of the State of Washington held that a reasonable covenant judgment, consisting of the total liability of the...more

Saul Ewing Arnstein & Lehr LLP

California Court of Appeals: Insurer Liable for Settlement Negotiated by Insured

California Court of Appeals affirms a jury verdict finding an insurer liable for settlement costs of its insured when the insurer refused to defend its insured in bad faith. San Diego Apartment Brokers (“Brokers”)...more

Sherman & Howard L.L.C.

Stresscon v. Travelers: A Victory For Policy Holders

Yesterday, the construction and insurance communities received much sought-after guidance from the Colorado Court of Appeals regarding Colorado’s recently adopted bad faith statute in the highly anticipated decision,...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law -- Sep 12, 2013

Summer Ends on a High Note for Policyholders - Summer may be winding down, but the courts are still smiling on policyholders. The three cases discussed in this week’s newsletter present some big wins for insureds. ...more

Troutman Pepper

Superior Court Of Pennsylvania Sets Forth Standard For Evaluating Whether An Insured Must Honor Consent To Settlement Clauses

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In The Babcock & Wilcox Co. v. Am. Nuclear Insurers, No. 525 WDA 2012, 2013 Pa. Super. LEXIS 1630 (Pa. Super. Ct. July 10, 2013), the Superior Court of Pennsylvania addressed the circumstances under which an insured, who does...more

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