Insured Did Not Comply With Policy’s Consent-To-Settle Provision, Appeals Panel Says

Mealey's (November 30, 2016, 1:15 PM EST) -- CINCINNATI — An excess liability insurer has no duty to reimburse an insured for underlying settlements related to defective knee implants because the policy’s consent-to-settle provision clearly required the insured to seek the excess insurer’s consent and the insured failed to do so, the Sixth Circuit U.S. Court of Appeals said Nov. 18 in reversing a Michigan federal judge’s ruling (Stryker Corp., et al. v. National Union Fire Insurance Company of Pittsburgh, Pa. et al., Nos. 15-1657 and 15-1664, 6th Cir.; 2016 U.S. App. LEXIS 20653)....

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