April 25, 2019 Feature

The Rights and Duties of Insurers Regarding Claims with Multiple Claimants and Multiple Insureds

By Jonathan R. Walton

Under certain circumstances, when a claims professional’s investigation reveals that an insured is likely to face liability in excess of the available policy limits, the claims professional may attempt to protect the insured from an excess judgment by negotiating a settlement with the claimant that is within the limits of the policy. An insurer’s decisions regarding settlement are often fraught with potential landmines, particularly when the claims professional is faced with a policy limits demand and time-limited settlement demand. Unfortunately, when a claim involves multiple claimants or multiple insureds, these settlement decisions become even more challenging and problematic for the insurer.

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