In many states, an insurer not only has a duty to timely communicate with its insured and respond to demands for settlement by a claimant asserting a claim regarding the adjustment of a loss, that duty may also include the …

The Duty to Follow-up Part II: When The Underlying Litigation Changes Read more »

An insurer that defends its insured against a third party’s lawsuit, while reserving rights to deny coverage to its insured for any judgment, may face a decision point when underlying settlement discussions become ripe to resolve the case.  In some …

Should You Withdraw The Reservation of Rights To Avoid Entry of a Consent Judgment? Read more »

In many states, an insurer not only has a duty to timely communicate with its insured and respond to demands for settlement by a claimant asserting a claim regarding the adjustment of a loss, that duty may also include the …

The Duty to Follow-up: How A $25,000 Offer To Settle Turns Into A $7 Million Loss Read more »

Carriers rely on application representations regarding the existence of potential claims.  Sometimes, the carrier learns after the fact that an applicant may not have reported all known potential claims.  What can/should the carrier do?  A recent example is found in …

When is Rescission Based Upon Material Misrepresentations The Proper Course of Action? Read more »