Strategies, Challenges, and Answers

Settlement, Unsettled

The claimant’s counsel makes a policy limit demand. After receiving authority to settle for the liability limits, you tender the policy limit and your company’s standard Release.  Claimant’s counsel rejects the Release.  Instead, counsel insists on a Covenant Not to Execute.  Why would the attorney do that?This post will hopefully give you more information regarding the distinctions between these two types of settlement documents and the advantages and disadvantages of each.What is the … [Read more...]

Accepting A Release Signed By The Attorney And Not The Claimant Presents Risks

The world is always in motion. And so are the people who inhabit it. Any more, people change homes and cars and jobs as often as they change their shirts. Plaintiffs’ attorneys occasionally encounter the problem of a lost client. They often learn that the client is missing when the insurance company extends an offer to settle. After the offer comes in, the Plaintiff’s attorney reaches out to the client to discuss the offer. It is then that the injured claimant cannot be found. … [Read more...]