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Case Briefs

By ALM Staff | Law Journal Newsletters |
April 30, 2008

NY High Court Upholds Consent-to-Settle Provision

The Court of Appeals of New York, applying New York law, has held that a policyholder was not entitled to coverage when it breached the consent-to-settle provision of its primary insurance policy, which required it to obtain the insurer's consent before entering into a settlement in excess of $5 million. Vigilant Insurance Co. v. Bear Stearns Cos., 2008 N.Y. Slip Op. 02080 (N.Y. March 13, 2008). This case is important because it reinforces that a policyholder cannot obtain coverage for voluntary out-of-court settlements it enters without its insurer's consent.

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