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Law360 Quotes Collier Regarding Insurer Standards for Consenting to Settlement

August 23, 2019

Jessica Collier (Partner-Denver) was quoted on August 20, 2019, in Law360 regarding the Ninth Circuit’s request for help from the Arizona Supreme Court in deciding whether an insurer was justified in its refusal to cover a major university’s $13 million settlement of a class action. The decision could have far-reaching implications in Arizona and nationwide, given the scarcity of case law addressing insurers’ obligations under consent-to-settle provisions when the insurer has no duty to defend pursuant to the policy. While addressing the issue of whether the reasonableness of a settlement should be determined from either the insurer or insured’s perspective, Jessica said, “Even if the standard is based on the insurer’s perspective, the insurer will still have to be conscious as to whether it will have to face a bad faith claim later.” Considering whether a settlement is reasonable from the insurer’s perspective makes sense because insurers have “more distance from the [underlying] matter to decide whether a settlement is reasonable.”

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