Albert K. Alikin and Landon J. Greene, members of the firm’s Global Insurance Services practice, discuss how claimant attorneys try a variety of schemes to attempt to set up insurers and open policy limits.
In “Conditional Settlement Demands: Defusing Third-Parties’ Tactics,” Al and Landon explore frequently added conditions to settlement demands, tactics used to trip up insurers, and how policyholders’ attorneys set up demands with problematic conditions and/or short deadlines.
“Recently, however, claimant attorneys have begun to attach detailed conditions to settlement demands, seeking to trip up insurers who actually want to accept the policy-limit demand but are unable or unwilling to comply with all of the conditions within the usually short timeframe imposed by the claimant. Not complying may be considered a counter offer, and often results in automatic revocation and accusations of rejecting the policy limits demand (in a technical sense) and acting in bad faith.”
Read the full article:
Albert K. Alikin is a highly experienced litigator who focuses his practice on counseling clients in complex insurance coverage and bad faith disputes involving E&O, D&O, fidelity, EPLI, automobile/UIM, property, cyber, and CGL policies. Al has prevailed in trial and appellate courts throughout California and across the nation. He has also represented a wide variety of insurance industry clients such as insurance brokers, agents, and third-party administrators in professional liability actions.
Landon J. Greene focuses his practice on representing regional, national, and global insurers in a variety of complex coverage disputes relating to personal, commercial, umbrella, and reinsurance policies, as well as defending bad-faith claims. He draws on experience working for a multinational investment bank and financial services corporation, where he provided regulatory advice on corporate compliance matters.