SNR Denton on Allstate Insurance Co. v. Miller: Failure to Inform Insured of Settlement Opportunity as a Basis for Excess Judgment Liability

By William T. Barker and Ronald D. Kent In Allstate Insurance Co. v. Miller, the Nevada Supreme Court held that the jury could properly have found Allstate liable for an excess judgment as a result of its failure to adequately inform its insured of a settlement opportunity. This commentary examines...

Insurer's Suit Against Insured's Defense Counsel Barred by Insured's Settlement

By William T. Barker, Partner, SNR Denton In American National Property & Casualty Co. v. Ensz & Jester, P.C., American National sued the defense counsel it had retained to defend its insured for malpractice. Allegedly that malpractice resulted in an excess judgment and a bad faith claim that...

Duty to Settle Requires a Willing Plaintiff – No “Bad Faith” Failure to Settle

By Barry Zalma, Attorney and Consultant In March I posted an article on the need to put a stake through the heart of the tort of bad faith . The post that follows deals with a case that supports the position I took in that post and makes me wonder why more courts don't recognize the inequity...

California Court Holds No Affirmative Duty to Settle Based Solely on the Likelihood of an Excess Judgment

By Ryan C. Tuley , William D. Burger, Jr. , and Christina Y. Ahn On October 7, 2013, the California Court of Appeal, in Reid v. Mercury Insurance Company [ enhanced version available to lexis.com subscribers ], held that an insurer does not have an affirmative duty to settle based solely on the...