Insights
Events

Understanding the Insurer's Duty to Settle

9/19/2018 12:00pm
San Francisco, CA

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.

Topics

  • 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

Event registration link.

Firm Highlights

Publication

Maximizing Business Insurance Coverage Benefits After a Fire

Unfortunately, we again write while wildfire is devouring homes and businesses in Napa and Sonoma, and threatening many more. We’ve previously posted tips about first steps that you should take in the event your...

Read More
Publication

D&O Professionals Series: Tyler Gerking Discusses D&O Coverage and Litigation

Insurance Recovery partner Tyler Gerking explores current trends and observations on D&O coverage and litigation on Willis Towers Watson's "D&O Professionals Series." Read the full article,  here .

Read More
Publication

Insurance Dispute Resolution

Farella's Real Estate Webinar Series features Amy Briggs discussing "Insurance Dispute Resolution." Businesses have filed claims seeking recovery help under their insurance policies due to various governmental closure orders arising from the COVID-19 pandemic. Losses related...

Read More
Publication

Maximizing Insurance Coverage: What Cannabis Businesses Need to Know

Farella's Cannabis Industry Education Series features Tyler Gerking discussing "Maximizing Insurance Coverage: What Cannabis Businesses Need to Know." The cannabis industry has flourished, along with it the cannabis insurance market has grown. As more carriers...

Read More
News

Benchmark Litigation 2021 Ranks Farella Among Top Litigation Firms in California

SAN FRANCISCO, October 12, 2020: Farella Braun + Martel continues to be ranked among the top litigation firms in California in the  Benchmark Litigation  2021 guide. Farella was ranked “Highly Recommended” for Dispute Resolution...

Read More
News

Cyber Insurance Demand Heats Up As COVID-19 Hacks Rise

Tyler Gerking spoke to Law360 for the article "Cyber Insurance Demand Heats Up As COVID-19 Hacks Rise." As far as insurance coverage being available for fines and penalties that arise out of privacy and data security laws such as...

Read More
Publication

COVID-19 Exposure and GL Coverage: Issues for Personal Injury Claims

Though much of the conversation regarding insurance coverage for COVID-19-related losses has focused on the potential for business interruption-type coverage (see prior discussion  here ), insureds should not overlook the potential that COVID risks...

Read More
News

Farella Defeats Builder's Risk Insurer's Defense in Lawsuit Brought on Behalf of Webcor-Obayashi Joint Venture

SAN FRANCISCO, August 5, 2020: Farella Braun + Martel has obtained a favorable ruling from the U.S. District Court for the Northern District of California granting partial summary motion and clarifying a legal doctrine...

Read More
News

52 Farella Braun + Martel Attorneys Listed in The Best Lawyers in America© 2021

Read More
News

Farella Expands Insurance Recovery Practice With Addition of Litigation Partner Amy Briggs

Read More