SNR Denton on Reasonableness of Insurer’s Delay in Offering Policy Limits Is Question of Fact: Allstate Insurance Co. v. Herron

By Ronald D. Kent, Partner, SNR Denton In Allstate Insurance Co. v. Herron, [1] Allstate had offered its policy limits, but not until after expiration of a time-limit demand. A jury found that Allstate had acted reasonably, and the Ninth Circuit affirmed in pertinent part. It found no abuse of discretion...

California Court Holds § 998 Offer Exceeding Policy Limits Made In Good Faith

In its recent decision in Aguilar v. Gostischef , 2013 Cal.App. LEXIS 816 (Cal. App. 2d Dist. Oct. 11, 2013) [ enhanced version available to lexis.com subscribers ], a California appellate court had occasion to consider whether a claimant’s statutory settlement offer under California Code of Civil...

The Eastern District of California Holds That A Carrier May Have An Affirmative Duty To Attempt to Settle A Claim Against The Insured When It Is Presented With A Reasonable Settlement Opportunity

Travelers Indem. of Conn. v. Arch Specialty Ins. Co. , 2013 U.S. Dist. LEXIS 169453 (E.D. Cal. Nov. 26, 2013) [ enhanced version available to lexis.com subscribers ] In Travelers , the district court concluded that the carrier must act in good faith in response to reasonable opportunities to settle...