This author suggested, in an earlier May 2016 Bad Faith blog article, that an insurer can measure on a “strength scale” its insurance coverage defenses while it defends its insured against underlying claims and lawsuits under a reservation of rights. …

WHOSE SETTLEMENT IS IT, ANYWAY? NEGOTIATING CONSISTENT WITH AN INSURER’S STRONG COVERAGE DEFENSES 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 »

When discussing bad faith in the third party context, most of the discussion properly centers on the duty to settle a claim.  However, other actions taken by a policyholder and carrier can have an impact.  The recent case of State …

Reservation of Rights Letters Help Avoid Prejudice in the Third Party Context Read more »