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Settlement Credit
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Written by Jodi Swick
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Friday, 22 April 2011 14:17 |
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In American Modern Home Insurance Company v. Fahmian (Cal. Ct. App. April 8, 2011) G042799, the Fourth District Court of Appeal held that an insurer may obtain reimbursement for a settlement from an insured when it is determined the underlying claim is not covered by the policy, provided the insurer follows the three part test laid out in Blue Ridge Ins. Co. v. Jacobsen, 25 Cal. 4th 489 (2001), but there is no requirement that to receive reimbursement the insurer must provide the insured with "sufficient time" to review the settlement advisement letter.
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Settlement Credit
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Written by Gretchen Ramos
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Saturday, 16 August 2008 07:54 |
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Settlement Credit
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Written by Robert Binion
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Monday, 14 July 2008 16:00 |
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On June 30, 2008, in Goodrich Corp. v. Commercial Union Ins. Co., 2008 WL 2581579 (Ohio App. 9 Dist. June 30, 2008), the Court of Appeals of Ohio (Ninth District) affirmed a jury's decision that Commercial Union and certain London Market Insurers (collectively "CU"), were not entitled to an setoff for the settlement amounts paid by other excess insurers because they failed to demonstrate the other insurers' settlements were for the "same damages" as Goodrich recovered against CU.
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Thursday, 27 March 2008 16:00 |
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In Qualcomm, Inc. v. Certain Underwriters at Lloyd's, London, 2008 WL 763483 (Cal. Ct. App. March 25, 2008), the California Court of Appeal for the Fourth District held, based on the language of Certain Underwriters at Lloyd's, London (Underwriters) excess directors and officers (D&O) policy, that Underwriters' coverage obligation did not arise beacuse the primary insurer neither paid its full limit of liability nor had it become legally obligated to pay the full amount of its limit in connection with a settlement between it and the policyholder.
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