James Shaw – Butler Pappas Weihmuller Katz Craig LLP

The Duty To Initiate Settlement Negotiations: Where Does It Begin And How Far Does It Go?

The duty to initiate settlement negotiations remains controversial. In some jurisdictions, a liability carrier has no duty to negotiate a settlement with a third-party claimant unless and until the claimant makes a settlement…more
| Insurance

(Almost) Twenty Years After Powell: Case Studies On A Liability Insurers' Duty To Initiate Settlement Negotiations

This article concerns the extent of insurers' duties to initiate settlement negotiations in the absence of a settlement demand and exposure for bad faith when settlement negotiations are not initiated. It also tracks the origin…more
| Insurance

Extracontractual Recovery Without Bad Faith: What Every Insurer Needs To Know About Insurance Intermediaries' Liability To Insureds

This article discusses the many potential bases for extracontractual liability (recovery other than under the terms of an insurance contract) based on the conduct of an insurance agent or insurance broker…more
| Insurance

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Areas of Practice
  • Constitutional Law
  • Insurance
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