Bad Faith Nov2013 Duty to Settle

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Bad Faith Nov2013 Duty to Settle

  1. 1. November 1, 2013
  2. 2. Jacquelyn Beatty Karr Tuttle Campbell Jim Murray Dickstein Shapiro
  3. 3. What does the contract say? What does “the law” say?
  4. 4. Is the insured’s consent required? Settling without the insurer’s consent: the insured’s rights under an ROR defense.
  5. 5. How does this affect the timing and the obligation?
  6. 6.  Duties owed to the insured – first and third party  Duties owed to excess carriers  Duties owed to third party claimant
  7. 7.  Is there duty to pay undisputed amount?
  8. 8.  What’s the exposure if a duty is breached?
  9. 9.         Jacquelyn Beatty, Esq. CPCU ARM CLMP Karr Tuttle Campbell (206) 224-8090 jbeatty@karrtuttle.com James Murray, Esq. Dickstein Shapiro (202) 420-3409 murrayj@dicksteinshapiro.com

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