Insurer’s Refusal to Participate in Settlement Negotiations Waives Consent-to-Settle Requirement
By EsqSocial Corporation 01/02/21
The United States District Court for the Southern District of Alabama, applying Alabama law, has held that an insurer could not invoke a policy’s consent-to-settle requirement to avoid liability because the insurer refused to participate in settlement negotiations despite having notice of the negotiations, and thus had waived its right to challenge the settlement for lack of consent. Granite State Ins. Co. v. New Way Out, Corp., 2021 WL 191637 (S.D. Ala. Jan. 19, 2021)....
By: Wiley Rein LLP