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· 2/6/2006

Motiva Enterprises, LLC v. St. Paul Fire & Marine Insurance

Citations

  • 445 F.3d 381

How courts have described this case

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

  • holding that insured breached its policy by settling underlying suit without insurer’s consent, “even though [insurer] reserved its right to contest coverage and therefore did not tender to [insured] an unqualified defense”
  • holding that insurer suffered prejudice as matter of law by insured's breach of consent-to-settle provision when insurer was not consulted about settlement and insurer had no opportunity to participate in or consent to settlement
  • holding that insurer suffered prejudice as matter of law by insured's breach of consent-to-settle provision when insurer was not consulted about settlement and insurer had no opportunity to participate in or consent to settlement
  • insurer prejudiced as matter of law when it was not consulted about settlement in underlying suit
  • “An insurer’s right to participate in the settlement process is an essential prerequisite to its obligation to pay a settlement.”
  • insured settled claim against it without notice to liability insurer

Source: CourtListener parenthetical corpus (CC0).

Judges: Reavley, Davis, Wiener

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.