Civil Litigation,
Insurance
Nov. 8, 2012
Amended Du opinion not the 'win' insurers claim it to be
The court left open the questions regarding an insurer's affirmative settlement duties and the application of the "genuine dispute" doctrine to third-party claims.
Linda D. Kornfeld
Partner, Blank Rome LLP
2029 Century Park East
Los Angeles , CA 90067
Email: lkornfeld@kasowitz.com
Linda serves as a chair of the Daily Journal's Women Leadership in Law conference taking place on May 2 in Beverly Hills, and will moderate the "#MeToo in the Legal Profession" panel.
Damon A. Thayer
Office of the U.S. AttorneyPhone: (213) 894-6585
Email: damon.thayer@usdoj.gov
Univ of Minnesota L S; Minneapolis MN
In an attention-grabbing decision issued earlier this year, the 9th U.S. Circuit Court of Appeals in Du v. Allstate Insurance Co., 681 F.3d 1118 (9th Cir. 2012), concluded that "an insurer has a duty to effectuate settlement where liability is reasonably clear, even in the absence of a settlement demand." In October, however, the 9th Circuit amended its decision so that it no longer decides the "affirmative duty" question. The court's amended opinion explicitly leaves this issue o...
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