Court Says Insurer's Refusal to Defend Suits Doesn't Waive Right to Challenge Settlements

摘要

An insurer did not forfeit the right to challenge a policyholder's settlements even if it refused to defend environmental claims and enforcement actions, the U.S. District Court for the District of Kansas has ruled (Coffeyville Res. Ref. & Mktg. LLC v. Ⅲ. Union Ins. Co., D. Kan., No. 08-CV-1204, 10/25/13). If the court were to find that the insurer did refuse to defend the underlying action-a finding that the insurer disputes, and the court did not reach-it would only be bound by those settlements if they were "reasonable," the court said in its Oct. 25 decision.