Primary Insurer Violated Duty To Settle Underlying Wrongful Death Suit

(January 8, 2021, 5:15 PM EST) -- NEW ORLEANS — A primary insurer violated its duty to settle a negligence and wrongful death suit filed against its insured because the final settlement offer made by the underlying claimants before trial was within the policy limits and would have fully released the insured from further liability, the Fifth Circuit U.S. Court of Appeals said Dec. 21 in affirming a judgment entered in favor of an excess insurer seeking reimbursement from the primary insurer....