No Showing of “Appreciable Prejudice” Required Because Insured Violated Consent to Settle Provision

Elizabeth Fisher | Wiley Rein The United States Court of Appeals for the Third Circuit, applying New Jersey law, has held that an insurer can deny coverage under a claims-made policy, without demonstrating “appreciable prejudice,” if the insured fails to comply with a clear condition precedent to coverage requiring the insurer’s written consent before agreeing… Continue reading No Showing of “Appreciable Prejudice” Required Because Insured Violated Consent to Settle Provision

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