United States:
Harmonizing Soriano, Citgo, And Patterson: Can An Insurer Have Stowers Liability For Rejecting A Settlement Demand That Does Not Release All Insureds From All Claims?
15 July 2016
Wilson Elser Moskowitz Edelman & Dicker LLP
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Price Collins (Partner-Dallas) and Ashley Gilmore
(Partner-Dallas) co-authored an article in the Practice Focus
section of the July 1, 2016, issue of Texas Lawyer. In
"Harmonizing Soriano, Citgo, and Patterson: Can an Insurer
Have Stowers Liability for Rejecting a Settlement Demand
That Does Not Release All Insureds from All Claims?" Price and
Ashley discuss the influence of the Stowers duty (a duty
of ordinary care in handling a demand to settle a third-party
liability claim against its insured) in a claim where there are
multiple claimants and/or multiple insureds, and the policy's
limits of insurance are insufficient to settle all the claims. In
the context of the three decisions at issue, while some
practitioners have suggested that Patterson conflicts with
Soriano and Citgo, Price and Ashley show that
these decisions can be harmonized.
Read the Article.
Originally published by the Texas Lawyer.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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