Duty to Settle Archives - United Policyholders

Duty to Settle

Utah

In this case an insurer went after its insured to recoup monies it had paid (over policy limits) as part of a settlement. UP argued that because the insurer had initiated the settlement and because there was no right of restitution expressly stated in the…

U.S. Fidelity And Guarantee Co. V. U.S. Sports Specialty Ass’n

Year: 2011

Court: Utah Supreme Court

Case Number: WL 192793

Issue:

Duty to Settle

State:

Utah

In this case an insurer went after its insured to recoup monies it had paid (over policy limits) as part of a settlement. UP argued that because the insurer had initiated the settlement and because there was no right of restitution expressly stated in the…

Jesus Camacho et al v. Nationwide Mut. Ins. Co.

Year: 2017

Court: U.S. Court of Appeals, 11th Circuit

Case Number: 16-14225

Issue:

Duty to Settle
Good Faith and Fair Dealing

State:

Georgia

An insurer’s duty of good faith and fair dealing extends to settling claims against its insured. In a liability case, such as an automobile accident, an insurer must take and active role in settlement negotiations and where a reasonable settlement offer within policy limits is…