Terminating the Duty to Defend: Can the Insurer Extinguish the Duty by Settling Less Than All Claims?
Advocating the Defense Obligation From Insurer and Policyholder Perspectives
Recording of a 90-minute CLE webinar with Q&A
This CLE course will discuss the parameters within which an insurer can settle less than all claims or suits with the plaintiff and thereby end its duty to defend. The panel will outline which jurisdictions allow such settlements and which do not, provide strategies, and analyze risks for both the insurer and the policyholder.
- Overview of the insurer's duty to defend
- Settlement with plaintiff by paying policy limits
- Settlement of less than all suits or claims against the insured
- Bad faith risks to insurers
- Case law developments
The panel will review these and other key issues:
- What are the parameters within which an insurer can terminate its duty to defend by settling less than all claims or suits with the plaintiff?
- When could the insurer's settlement with the plaintiff to terminate its defense duty trigger a claim for bad faith?
- Does a non-settling claimant have a cause of action when the settlement exhausts coverage otherwise available?
Christine W. Chambers
Hinshaw & Culbertson
Ms. Chambers represents clients in a broad range of insurance, personal injury, and property damage matters. Her... | Read More
Ms. Chambers represents clients in a broad range of insurance, personal injury, and property damage matters. Her clients benefit from her extensive civil litigation experience, which includes matters related to homeowner’s, automobile, commercial general liability, and errors & omissions insurance, and insurance bad faith defense. Christine has also handled a number of civil appeals.Close
Suzanne L. Jones
Hinshaw & Culbertson
Ms. Jones focuses her litigation practice on representing insurance companies in complex first- and third-party... | Read More
Ms. Jones focuses her litigation practice on representing insurance companies in complex first- and third-party coverage disputes in state and federal courts across the country. She has experience representing insurer's interests in declaratory judgment actions, breach of contract actions, direct actions and bad faith lawsuits. Ms. Jones is also experienced in addressing coverage issues under all types of insurance policies.Close