bad faith nov2013 duty to settle
DESCRIPTION
TRANSCRIPT
Insurance Bad Faith Law in Washington State
Duty to Settle
November 1, 2013
Jacquelyn BeattyKarr Tuttle Campbell
The Speakers
Jim MurrayDickstein Shapiro
Nature of the insurer’s duty:
What does the contract say?
What does “the law” say?
Is the insured’s consent required?
Settling without the insurer’s consent: the insured’s rights under an ROR defense.
The insured’s role:
How does this affect the timing and the
obligation?
The presence of coverage issues:
Duties owed to the insured – first and third party
Duties owed to excess carriers
Duties owed to third party claimant
Extra-contractual risks for the primary insurer
Is there duty to pay undisputed amount?
Extra-contractual risks for the primary insurer
What’s the exposure if a duty is breached?
Extra-contractual risks for the primary insurer
Here’s what can happen
Here’s what can happen
Instruction No. 10
Instruction No. 10
Instruction No. 10
Questions
Jacquelyn Beatty, Esq. CPCU ARM CLMP Karr Tuttle Campbell (206) 224-8090 [email protected]
James Murray, Esq. Dickstein Shapiro (202) 420-3409 [email protected]
Speaker Contact Info