Insured/Third-Party Settlements and Consent Judgments After Insurer Denies Coverage
Navigating Collusive Settlements Between Insureds and Third-Party Claimants and Their Impact on Coverage
Recording of a 90-minute CLE webinar with Q&A
This CLE course will examine the use of collaborative settlements and consent judgments between insured defendants and third-party plaintiffs as a strategy for obtaining indemnification from an insurer after the insurer has denied coverage. Listen as our authoritative panel of insurance practitioners analyzes the different types of collaborative settlements and consent judgments that have been recognized by courts across the country. The panel will discuss the factors courts consider in deciding whether a settlement is reasonable and permissible or unreasonable and collusive, and the impact such findings will have on an insurer’s obligations under its policy.
Outline
- Plaintiff’s burden to establish entitlement to collect on the judgment
- Recent case law and factors courts consider in determining whether a collaborative settlement is reasonable and permissible
- Strategies for insurers to address and defend against collaborative settlement agreements
Benefits
The panel will review these and other key issues:
- What elements does a plaintiff have to establish to collect an excess verdict against an insurer?
- Which factors do courts consider in determining whether a collaborative settlement is reasonable and permissible?
- What are the best strategies for insurers to challenge collaborative settlement agreements?
Faculty
Bradley A. Levin
Shareholder
Levin Sitcoff Waneka
Mr. Levin focuses his practice on tort and commercial litigation, especially insurance bad... | Read More
Mr. Levin focuses his practice on tort and commercial litigation, especially insurance bad faith and insurance coverage disputes, representing corporate and individual policyholders alike. He argued the leading Colorado case concerning pre-judgment assignment agreements to the state supreme court. Mr. Levin lectures frequently on insurance law topics.
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Christopher R. Dunsing
Partner
Langhenry Gillen Lundquist & Johnson
Mr. Dunsing is an active coverage and litigation defense counsel practicing at the state and federal trial and... | Read More
Mr. Dunsing is an active coverage and litigation defense counsel practicing at the state and federal trial and appellate court levels. He has worked with insurers of all sizes to navigate complex coverage questions in a variety of lines, including primary and excess auto, business owner’s/CGL, property, E&O, construction and builder’s risk policies. While Mr. Dunsing has obtained favorable declaratory judgments for many of those clients in court, the first steps in controlling coverage risks begin well before the courtroom. Mr. Dunsing enjoys counseling insurers on the risks associated with policy language on a macro-level as well as on a case-by-case basis.
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Michael J. Steinlage
Partner
Larson-King
For more than 15 years Mr. Steinlage has focused his practice on advising and representing clients in consumer and... | Read More
For more than 15 years Mr. Steinlage has focused his practice on advising and representing clients in consumer and business litigation and arbitration disputes related to insurance/reinsurance and financial services. He represents insurers, policyholders, reinsurers and codents in major disputes involving catastrophic property and business interruption losses and mass tort and class action exposures, among others, on a national and international basis.
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