Failure to Settle Claim

Failure to Settle Claim

Failure to Settle Claim

The duty to settle requires an insurer controlling the defense to give the insured's interests at least equal consideration to its own when evaluating settlement. Unreasonable refusal of a within-limits demand breaches that duty.

Damages are typically measured by the excess judgment.

Alternative Names:

Failure to Settle, Duty to Settle Breach

Why it Matters?

The duty exists because the insurer controls settlement while the insured bears the excess risk, which creates a structural conflict the doctrine corrects. Some jurisdictions impose the duty even absent a formal demand where a reasonable settlement opportunity was apparent, which means an insurer cannot rely on the absence of a demand as a defense. Documented evaluation and communication with the insured are the practical protections.

Frequently asked questions

Is a settlement demand required to trigger the duty?

How are damages measured?