LexisNexis® Legal Newsroom
The Right and Duty to Settle Third-Party Liability Claims: A 50-State Survey

By Scott G. Ball, Linda M. Dedman, and Pamela Dunlop Gates The Right and Duty to Settle Third-Party Liability Claims: A 50-State Survey This commentary offers a multi-state survey of an insurer’s duty to settle third-party claims. Insurers and the practitioners who represent them must understand...

Are Settlement Attempts Still Required for EEOC Charges?

by Faith Alejandro Should attempts to settle discrimination lawsuits with the EEOC be made in good faith? Employers in Illinois, Wisconsin, and Indiana think so and hope the Supreme Court of the United States will agree. Last month, the Supreme Court heard oral argument in an appeal from a case...

Court Allows Insurer to Settle and Then Seek Recovery of Uncovered Damages

It is one of the toughest issues of them all for insurers. The insurer is defending its insured under a reservation of rights. There are strong coverage defenses. The underlying case is getting close to trial. There is a demand to settle within limits. It is a settlement that should be accepted based...

Fed Rack Up Major Immigration-Related Fines, Settlements Against Employers

Washington Apple Orchard Fined $2.25M - "U.S. Immigration and Customs Enforcement (ICE) reached a multimillion dollar settlement Tuesday with Prescott-based Broetje Orchards, LLC, for its civil violations of the Immigration Reform and Control Act related to verifying U.S. employment eligibility...

Court Holds That an Insurer was Entitled to Seek Equitable Contribution from Another Insurer for a Portion of Defense and Settlement Costs That it Paid in Connection With Three Underlying Lawsuits Brought Against Their Mutual Insured

Westport Ins. Corp. v. N. Cal. Relief , 2014 U.S. Dist. LEXIS 173676 (N.D. Cal. Dec. 16, 2014), [ enhanced version available to lexis.com subscribers ]. In Westport, the Northern District of California held that the allegations of the underlying complaints were sufficient to potentially trigger the...

Did This Supreme Court Just Change The Bad Faith Landscape? Is The Decision Poised To Have A National Impact?

It is unquestionably one of the most challenging issues to confront an insurer – the demand to settle a claim within the insured’s limits of liability. We all know the drill. An insurer has been defending its insured for a while. The case is coming down to the end and trial is on the horizon...

Policyholders Should Resist Insurer Demands to Allocate Settlements

By Dennis Cusack Policyholders seeking insurance funds to settle a case often face an insurer’s demand that some amount should be allocated to uncovered claims or parties. The issue arises often under directors and officers liability (D&O) policies, when settlements resolve the liability...

Truth, Justice, And The Evidentiary Admissibility Of ‘Uncle Wiggy's Secret Guide To Dealing With The Police’

When Josh Brock was a detective with the Summerville Police Department in rural Georgia, he was involved in the creation of a Web site and a publication titled Uncle Wiggy's Secret Guide to Dealing With the Police , which provided criminal defendants with helpful tips on dealing with police. The...

The Most Important Coverage Case Of 2015; Jeff Waltz Checks In With An Analysis From The Bayou

In the last issue of Coverage Opinions I discussed the Louisiana Supreme Court’s recent decision in Kelly v. State Farm Fire & Casualty Co., No. 2014-CQ-1921 (May 5, 2015), [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ]. In general, the Louisiana...

Supreme Court Addresses Really, Really Late Notice: Like, After Settlement

Tapas: Small Dishes of Insurance Coverage News & Notes An insured settled a case and then gave notice to its insurer. As you may expect, the Supreme Court of Nebraska in Rent-A-Roofer, Inc. v. Farm Bureau Property & Casualty Ins. Co., No. S-14-895 (Neb. Sept. 11, 2015), [subscribers can access...

Examining Insurer Demands to Allocate Settlements

Policyholders seeking insurance funds to settle a case often face an insurer’s demand that some amount should be allocated to uncovered claims or parties. The issue arises often under directors and officers liability (D&O) policies, when settlements resolve the liability of covered directors...

Appeals Court: Primary Insurer Must Initiate Settlement Negotiations; Excess Insurer? -- No

It is unquestionably one of the most challenging issues to confront an insurer – the demand to settle a claim within the insured’s limits of liability. We all know the drill. An insurer has been defending its insured for a while. The case is coming down to the end and trial is on the horizon...

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...

Insurer Satisfied Duty to Defend By Obtaining Dismissal of Counterclaim Without Prejudice

In Haskins , the court granted the insurer’s (“Wausau”) motion for summary judgment, finding that it did not breach its duty to defend the insured (“Haskins”) in connection with an underlying environmental cleanup action. Haskins owned commercial property in San Francisco...

California: Top 25 Noteworthy Panel Decisions (July–December 2015)

LexisNexis has picked the top “noteworthy” panel decisions issued by the California Workers’ Compensation Appeals Board during the period July through December 2015. The list features a number of decisions addressing the assignment and reporting of panel qualified medical evaluators...

Virginia: Arbitrator’s Award of Lien Reimbursement to Comp Insurer Need Not Be Shared With Injured Worker

Where an arbitrator ordered an auto insurance carrier to reimburse a workers’ compensation insurer (“comp insurer”) for the full amount of its workers’ compensation lien ($4,060.19), the comp insurer need not share the lien proceeds with the injured worker on a pro rata basis;...

Vermont Workers' Compensation Update: January to March 2016

This list of recent noteworthy cases was compiled by Keith J. Kasper of McCormick, Fitzpatrick, Kasper & Buchard, PC. The Voice of The Department, Ellen Gonyaw, the receptionist, has retired after almost 9 years to move to Maine to open a campground. We all wish her well and hope she...

NFL Concussion Class Action Settled

On April 22, 2015, Federal District Judge Anita B. Brody approved a class action settlement that resolves lawsuits brought against the National Football League (NFL) by former players who alleged that the NFL failed to inform them of and protect them from the risks of concussions in football. The settlement...

Uber Drivers’ Potential Settlement Unsealed

Uber drivers in California and Massachusetts have worked out a potential settlement with Uber, the alternative taxi service, based on their assertion that they should have been classified as employees rather than contractors. As employees, the drivers would have been entitled to reimbursements of expenses...

California Workers’ Comp Case Roundup (7/7/2016)

CALIFORNIA COMPENSATION CASES Vol. 81 No. 6 June 2016 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright 2016 LexisNexis. All rights...

California Workers’ Comp Case Roundup (9/1/2016)

CALIFORNIA COMPENSATION CASES Vol. 81 No. 8 August 2016 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright 2016 LexisNexis. All rights...

DOJ Settles With Utah Staffing Company Over I-9 Hiring Practices

DOJ, Dec. 13, 2016 - "The Justice Department reached an agreement today resolving claims that 1st Class Staffing LLC, a staffing company based in Orem, Utah, discriminated against work-authorized non-U.S. citizens in violation of the Immigration and Nationality Act (INA). The department’s...

California: Commonly Missed Regulations and Rules

Familiarity with the Labor Code and the WCAB/DWC regulations is a fundamental necessity for practicing workers’ compensation law in the State of California. Given this fact, it is surprising how many attorneys show up on the day of trial without knowing the applicable Labor Code section or regulation...

California: Medicare Settlement Agreements: The Perils of Unanticipated Problems After Settlement

What exactly is the role of the WCAB, not to mention the parties to the C&R, in addressing unanticipated problems that come up with an MSA after settlement? In Muniz Villalpando v. Doherty Brothers , 2017 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB, in a split panel opinion, rescinded the WCJ’s...

California Workers' Comp Case Roundup (11/8/2017)

CALIFORNIA COMPENSATION CASES Vol. 82 No. 10 Oct 2017 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright 2017 LexisNexis. All rights...