Construction Insurance Claims: Consent Judgments and Coblentz Settlement Agreements
Navigating the Contours of Permissible Insured/Third Party Claimant Settlements vs. Unreasonable Collusion That Extinguishes the Duty to Indemnify
Recording of a 90-minute CLE webinar with Q&A
This CLE course will examine the use of collaborative settlements between insured contractors and third-party plaintiffs as a strategy to pressure the contractor’s insurer into indemnification after denying coverage. The panel will discuss the factors courts consider in deciding whether a settlement is reasonable and permissible or unreasonable collusion such that the insurer’s duty to indemnify may be extinguished. The program will discuss strategies for insurers to challenge collaborative settlement agreements.
- Third-party claimant’s burden to establish entitlement to collect excess verdict against an insurer in a construction defect claim
- Recent case law and factors courts consider in determining whether a collaborative settlement or consent judgment between an insured contractor and a third-party claimant is reasonable and permissible
- Strategies for insurers to challenge collaborative settlement agreements between insured contractors and third-party claimants
The panel will review these and other key issues:
- What elements does a third-party claimant in a construction defect case have to establish to collect an excess verdict against an insurer?
- Which factors do courts consider in determining whether a collaborative settlement between an insured contractor and a third-party claimant is reasonable and permissible?
- What are the best strategies for insurers to challenge collaborative settlement agreements and excess consent judgments?
David M. Adelstein
Mr. Adelstein represents general contractors, subcontractors, design professionals, developers, associations,... | Read More
Mr. Adelstein represents general contractors, subcontractors, design professionals, developers, associations, suppliers, sureties, and owners in a myriad of construction matters including, without limitation, construction/design defect claims, schedule-based claims (including inefficiency, lost productivity, and acceleration claims), bid protests, payment disputes, lien and bond claims, liability and property insurance issues, and a host of other issues that affect the construction industry. He prepares and negotiates construction contracts for clients utilizing AIA, EJCDC, and AGC industry form documents, as well as contracts that are not based on an industry form document.Close
Debbie S. Crockett, Esq.
Ms. Crockett’s practice concentrates in the areas of commercial and construction litigation. She is... | Read More
Ms. Crockett’s practice concentrates in the areas of commercial and construction litigation. She is experienced in representing policyholders in litigation against carriers from the trial level through appeal, in both state and federal courts. Ms. Crockett has considerable experience in assisting clients, mainly general contractors and subcontractors, with complex issues such as additional insured status, contractual indemnity, risk management, and other risk transfers mechanisms.Close