Insurance
Nov. 15, 2013
'Duty to settle' case not the win insurers are touting
The ruling reconfirmed the pro-insured position that the duty to settle can be triggered even without a settlement demand. By Linda D. Kornfeld and Julia K. Holt
Insurers in California owe a duty of good faith to their policyholders to settle claims when an "opportunity to settle" underlying litigation exists for an amount within policy limits and the policyholder faces exposure in excess of those limits. The parameters of this good faith duty have been debated ever since it emerged. The 2nd District Court of Appeal recently provided insight on the issue in Reid v. Mercu...
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