tender – Avoiding Insurance Bad Faith

Next Steps for an Excess Insurer After an Unsuccessful Hammer Letter

By Abigail Horvat Posted on July 18, 2024 Posted in Uncategorized Tagged with excess, exposure, hammer, hammer letter, primary, settlement, tender, umbrella

Introduction Insurers are frequently asked to satisfy their duty of good faith and fair dealing by entertaining reasonable settlement offers within the combined limits of the policies. However, primary and excess insurers do not always agree whether a particular claim …

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Under Texas Law, No Tender Means No Obligation To Defend

By Alissa Christopher Posted on June 30, 2022 Posted in Uncategorized Tagged with Crocker, defend, duty-to-defend, duty-to-indemnify, no-tender-no-defense, notice, prejudice, tender, tender-of-defense, Texas law

The United States Court of Appeals for the Fifth Circuit recently affirmed a long-standing Texas rule: the duty to defend is not implicated unless the insured complies with the policy’s notice-of-suit requirements and demands a defense. Moreno v. Sentinel Ins. …

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Tag: tender

Next Steps for an Excess Insurer After an Unsuccessful Hammer Letter

Under Texas Law, No Tender Means No Obligation To Defend