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Expert Analysis

10th Circ. Looks At Insurer Duty To Start Settlement Talks

Law360, New York (October 28, 2015, 10:51 AM EDT) -- Nicole Audet Richardson Marc E. Rindner A three-judge panel of the United States Court of Appeals for the Tenth Circuit has held that while a primary insurer may owe its insured a duty to initiate settlement discussions under Oklahoma law, that duty does not extend to an excess insurer prior to exhaustion of the underlying coverage. SRM Inc. v. Great American Insurance Co., No. 5:11-CV-01090-F (10th Cir. Aug. 25, 2015). In so holding, the Tenth Circuit highlighted just what a primary insurer is expected to do with respect to investigating and defending a claim against its insured....

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