Lynda Bennett and Jade Sobh | Lowenstein Sandler Insurers often try to withhold, or at least minimize, coverage by taking the position that a policyholder has failed to keep the insurer sufficiently informed throughout the defense of an underlying matter or has failed to secure the insurer’s consent before settling a claim. Policyholders find themselves… Continue reading Taking the Right Steps To Navigate the Consent To Settle Provision in an Insurance Policy and Maintaining the Right to Coverage Even After a Stumble
Tag: Consent to Settle Provision
No Showing of “Appreciable Prejudice” Required Because Insured Violated Consent to Settle Provision
Elizabeth Fisher | Wiley Rein The United States Court of Appeals for the Third Circuit, applying New Jersey law, has held that an insurer can deny coverage under a claims-made policy, without demonstrating “appreciable prejudice,” if the insured fails to comply with a clear condition precedent to coverage requiring the insurer’s written consent before agreeing… Continue reading No Showing of “Appreciable Prejudice” Required Because Insured Violated Consent to Settle Provision