Understanding the Insurer's Duty to Settle
Erica Villanueva to moderate the panel "Understanding the Insurer's Duty to Settle" at a Bar Association of San Francisco CLE event presented by the Insurance and Litigation Sections.Defense counsel often assume that an insurer has a “duty” to fund any settlement opportunity their client wants to accept. The legal requirements for triggering an insurer’s duty to settle are far more nuanced. We will discuss the elements that must be met under
California law, the options available to an insurer in a “duty to settle” situation, and how both the policyholder and the insurer can preserve their rights.
The factual and legal requirements to trigger the insurer’s “duty to settle”
How defense counsel’s conduct affects a duty to settle
How insurers can document their file in order to demonstrate they are complying with their obligations
The insurer’s ability to fund settlement under a reservation of rights, and the implications for policyholders and insurers
How insurance may or may not respond