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The Insurer's Right to Settle: Unfettered Discretion Or Balancing Act

By Kristopher T. Wilson
July 28, 2005

As a practical matter, the decision of whether to settle claims brought against a policyholder is typically left to the insurer. The interests of the insurer and the policyholder are typically aligned, whether it is because of the policyholder's inherent desire to resolve the litigation or the insurer's vastly greater experience in defending and settling claims.

For claims falling within policy limits, however, there remains an enhanced possibility of a dispute between policyholder and insurer over whether to settle. All litigation expenses will be borne by the insurer, as will the costs of any judgment. In contrast, continuing the litigation is a nominal cost for the policyholder.

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