· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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