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Bad Faith › Fireman's Fund Insurance

White and Williams LLP

Second Circuit Says Cedent Cannot Use the “Follow-the-Settlements” Doctrine to Circumvent Plain, Unambiguous Policy Provision

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In Utica Mutual Insurance Company v. Fireman’s Fund Insurance Company, the U.S. Court of Appeals for the Second Circuit, reversing a jury verdict in the District Court, held that the “follow-the-settlements” doctrine does not...more

Carlton Fields

New York Federal Court Denies Cross Motions For Summary Judgment On Follow The Settlements Doctrine

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In a lengthy February 24, 2017 opinion, a New York federal court denied cross motions for summary judgment on the Follow the Settlements Doctrine, filed by Utica Mutual Insurance Company and Utica’s reinsurer, Fireman’s Fund...more

Carlton Fields

California Appellate Court Takes Equitable Subrogation to the Excess

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In California, where a primary insurer is found to have unreasonably failed to settle within its policy limits, and a judgment is later entered against their insured in excess of those limits, the primary carrier can be...more

Carlton Fields

Reinsurer Found Prejudiced By Disadvantageous Commutations Resulting From Ceding Insurer’s Late Notice

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A legal dispute stemmed from Utica Mutual Insurance Company’s late notice of claim to Fireman’s Fund Insurance Company, Utica’s reinsurer. Although the parties’ facultative reinsurance certificate required Utica to provide...more

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