MacInnis v. Aetna Life & Casualty Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting the insurer's argument that compliance with the consent-to-settlement clause was a condition precedent to recovery but holding that the insurer must demonstrate material prejudice in order to rely on that violation as an affirmative defense
• noting the insurer’s argument that compliance with the consent-to-settlement clause was a condition precedent to recovery but holding that the insurer must demonstrate material prejudice in order to rely on that violation as an affirmative defense
• failure to obtain consent to settle only bars coverage where insurer has been materially prejudiced by the lack of consent
• a consent-to-settlement clause in the underinsurance section of a policy is valid, although the insurer must prove that it suffered material prejudice to deny coverage on that basis
• notice of claim provision exists for purpose of allowing insurer to protect its interests
• failure to obtain consent of insurer to insured’s settlement of her claim against tortfeasor

Source: CourtListener parenthetical corpus (CC0).