Defense counsel often assume that an insurer has a “duty” to fund any settlement opportunity their client wants to accept. The legal requirements under California law for triggering an insurer’s duty to settle are far more nuanced. For non-insurance practitioners, this is often a confounding and confusing topic! The fact is, an insurer doesn’t have a “duty to settle” a case simply because the defendant wants to do so, or because defense counsel recommends it. And while a demand within the policy limits is essential, that isn’t the only required element.
I will moderate a Bar Association of San Francisco program on this subject on September 19. The panel will cover all the required elements necessary to trigger an insurer’s duty to settle, and provide helpful practice pointers for satisfying those elements. We’ll also talk about consequences of the breach of the duty to settle. The panelists will provide the defense counsel perspective, as well as perspectives from both sides of the insurance coverage bar. For program details and to register to attend, visit the BASF event page, here.