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  1. #1
    Join Date
    Nov 2011
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    5

    Default When Can an Insurance Company Force You to Settle

    My question involves child abuse or neglect in the State of: UTAH

    I apologise again if my question seems naive.

    If i have been accused of child molestation and a civil trial is under way; can my insurance company force me to settle with the accuser, against my will ?

  2. #2

    Default Re: Forced Settlement Enforced by Insurance Company Against Defendant's Will

    Only if you expect them to pay. You can absolutely refuse any potential settlement, at the risk of you, personally, being on the hook for any amounts, including punitive damages, that the court may award.

  3. #3
    Join Date
    Sep 2011
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    Default Re: Forced Settlement Enforced by Insurance Company Against Defendant's Will

    You have the right to refuse to agree. Likely, it would be in your best interest to settle, with no admission of guilt and a signed confidentiality agreement, to protect your reputation.

  4. #4
    Join Date
    Nov 2011
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    5

    Default Re: Forced Settlement Enforced by Insurance Company Against Defendant's Will

    Quote Quoting aardvarc
    View Post
    Only if you expect them to pay. You can absolutely refuse any potential settlement, at the risk of you, personally, being on the hook for any amounts, including punitive damages, that the court may award.
    So, this paragraph doesn't apply to this situation ?

    “An insurance carrier has the right to settle claims covered by insurance when it decides settlement is expedient and the insured may not interfere with nor prevent such settlements. 44 Am. Jur. 2d, Insurance, sec. 1392, at 326-27 (rev. ed 2002)”

  5. #5
    Join Date
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    OH10
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    Default Re: When Can an Insurance Company Force You to Settle

    What that is saying is the insurance company can broker a deal releasing them from liability, absent your approval.

  6. #6
    Join Date
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    Default Re: When Can an Insurance Company Force You to Settle

    Am Jur (American Jurisprudence) is a legal encyclopedia. When you see a reference to an Am Jur article you need to read the article to find out if the general rule it cites applies to any given state, and even then you have to check the validity of the authority cited for the state just in case things aren't as clear as the article suggests or the law has changed.

    Generally speaking, the circumstances are rare in which an insured has the right to compel an insurance company to carry the case forward when they have decided to settle within the policy limits. Some doctors pay extra for vanity clauses in their malpractice insurance, allowing them to take a case to trial even when the insurance company would rather settle, but such clauses are rare in other contexts. You can review your policy to see what it says about settlement and your insurance company's obligations if you refuse to cooperate with settlement. As was previously suggested, I expect that you'll find that your obstructing the settlement would be a breach of contract allowing your insurance company to step out of the case and leave it to you to defend yourself. If it's not your insurance company, but is a third party's insurance company representing you as part of the defense of their client, I would expect them to settle their client's case and leave you to your own devices.

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