Motiva Enterprises, LLC vs. St. Paul Fire & Marine Insurance Company and National Union Fire Insurance Company of Pittsburgh, PA
Year 2004
Court U.S. Court of Appeals, 5th Circuit
Case Number 05-20139
Issue
  • No forfeit of coverage for settline without insurance company's authority.
State
  • Texas

The insured should not forfeit coverage by settling without insurance company’s authority when the insurance company intentionally places itself in an adversarial position with its insured by issuing a Reservation of Rights.

Related Docs
Author UP's amicus brief was prepared pro bono by Charles L. Stern, Jr. of The Steeg Law Firm, LLC, William G. Passannante and David A. Kochman of Anderson, Kill & Olick, PC. Of Counsel: Amy Bach, Esq.
Related Cases
Motiva Enterprises, LLC vs. St. Paul Fire & Marine Insurance Company and National Union Fire Insurance Company of Pittsburgh, PA
Year: 2004
Court: U.S. Court of Appeals, 5th Circuit
Case Number: 05-20139
Issue:
  • No forfeit of coverage for settline without insurance company's authority.
State:
  • Texas

The insured should not forfeit coverage by settling without insurance company’s authority when the insurance company intentionally places itself in an adversarial position with its insured by issuing a Reservation of Rights.