LexisNexis® Legal Newsroom
Pillsbury Winthrop: Ninth Circuit Reaffirms that Insurers May be Obligated to Initiate Settlement Discussions Under California Law

By Brian Martin and Nathaniel Smith , Pillsbury Winthrop Shaw Pittman LLP Insurers frequently disclaim any duty to participate in settling a third party claim against their insureds unless and until the third party claimant makes a settlement demand for a specific amount. The Ninth Circuit Court...

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...

DLA Piper: Even In the Absence of a Demand, Do Insurers Have Duty to Pursue Settlement? A Ninth Circuit Panel Says Yes

By Joseph G. Finnerty III and Aidan M. McCormack, Partners, DLA Piper Confounding most observers, the United States Court of Appeals for the Ninth Circuit has issued a decision contradicting established insurance law jurisprudence in nearly every state. In Du v. Allstate Insurance Company, the court...

The New 2013 Publication Update of New Appleman Insurance Law Practice Guide Arrives in November

The 2013 Publication Update of New Appleman Insurance Law Practice Guide Features: • New Practice Commentary Throughout the Publication by Members of the Appleman Editorial Board • Revision of 10 Chapters • Case Updates Throughout the Publication • Completely Updated over...

SNR Denton on National Surety Corp. v. Hartford Casualty Insurance Co.: No Insurer Liability for Failure To Settle Absent Outrageous Conduct

By William T. Barker, Partner, SNR Denton LLP At one time, Kentucky held that an insurer would be liable to its insured for an excess judgment if the insurer's failure to settle exposed the insured to an unreasonable risk of such a judgment. Language in first-party bad faith cases suggests...

Another Item For Your Checklist: The Bad Faith Concerns Related To Overreaching Proposed Releases

By David A. Mercer A common scenario: claimant's counsel issues a time limit demand for policy limits and the insurer decides to accept the demand and tender the limits. Once the decision is made to accept the demand, the insurer should go through its checklist of concerns to make sure that each...

Insurer Between a Rock and a Hard Case: Limits Demand That Does Not Release All Insureds

It is the proverbial “damned if you do and damned if you don’t” situation for insurers. An insurer is presented with a policy limits demand to settle for one insured – and it should be accepted based on liability and damages considerations -- but the settlement offered will not...