10th Circuit Case Reinforces Limits Of Insurer’s Duty To Settle Disputed Claims (JD Supra)

10th Circuit Case Reinforces Limits Of Insurer’s Duty To Settle Disputed Claims

Tuesday, July 27th, 2021 Liability Litigation

A recent federal appeals court case applying Utah law goes to the heart of the conflict that arises between a policyholder and insurer when an insurer defends a policyholder under a reservation of rights and receives a settlement offer. The case is Owners Ins. Co. v. Dockstader, No. 19-4156 (10th Cir. June 29, 2021).

The facts are straightforward. A third-party claimant suffered a brain injury during a fight in a gym.

The tortfeasor’s liability insurer, Owners Insurance Company, agreed to defend the tortfeasor under a reservation of rights, and filed a declaratory judgment action for a ruling that its policy did not cover the policyholder’s conduct.

The third-party claimant made a settlement offer for the policy limit of $500,000. Owners accepted the offer, but only on the condition that coverage was found to exist in the declaratory judgment action.

The third-party claimant entered into a settlement with the policyholder in excess of policy limits but agreed not to execute the judgment against the policyholder personally in exchange for an assignment of the policyholder’s rights.


External References & Further Reading
https://www.jdsupra.com/legalnews/10th-circuit-case-reinforces-limits-of-6331768/
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