The Liability Insurer's Duty to Settle Uncertain and Mixed Claims

34 Pages Posted: 10 Feb 2016 Last revised: 11 Feb 2016

Kenneth S. Abraham

University of Virginia School of Law

Date Written: 2016

Abstract

The liability insurer’s duty to settle in conventional cases is well-established. However, the scope of the duty to settle cases in which coverage is uncertain, and to settle “mixed” claims in which some allegations are clearly covered and others are not, is not well-established. This Article describes the conceptual terrain on which the issues in such cases arise, identifies the advantages and disadvantages of possible approaches, and explains how these advantages and disadvantages interact.

Keywords: liability insurance, duty to settle

JEL Classification: K23

Suggested Citation

Abraham, Kenneth S., The Liability Insurer's Duty to Settle Uncertain and Mixed Claims (2016). Rutgers Law Review, Vol. 68, No. 337, 2015; Virginia Public Law and Legal Theory Research Paper No. 22. Available at SSRN: https://ssrn.com/abstract=2729869

Kenneth S. Abraham (Contact Author)

University of Virginia School of Law ( email )

580 Massie Road
Charlottesville, VA 22903
United States
434-924-3616 (Phone)
434-982-2845 (Fax)

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