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Insurance

Apr. 5, 2012

When does an insurance carrier have a duty to settle a claim?

Questions remain about when an insurance carrier must settle a claim. By Peter S. Selvin of Raines Feldman LLP


By Peter S. Selvin


In a recent decision, the 4th District Court of Appeal made an important clarification in a key area of insurance law. In its March 13 decision in DeWitt vs. Monterey Insurance Co., 2012 DJDAR 3311, the court addressed the circumstances under which an insurance carrier will face bad faith liability for failing to accept a reasonable settlement offer on behalf of its insured. The appeal arose from an alleged instructional error by the tri...

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