consent to settle clause News

Mass. High Court Upholds Consent-to-Settle Clause in Malpractice Policy

Massachusetts’ highest court on Monday rejected arguments that consent-to-settle clauses in professional malpractice insurance policies violate public policy. The Supreme Judicial Court sided with CNA subsidiary Continental Casualty Co. in an engineering malpractice lawsuit brought by homeowners Douglas and Kristen …

Georgia Supreme Court Sides with XL Specialty in Barring Bad Faith Claim

The Georgia Supreme Court denied an insured’s bad faith claim against its insurer for its refusal to pay a settlement because the insured settled on the amount without the consent of the insurer that was required by the policy. A …