Arizona Majority Answers Certified Question In Dispute Over Backdating Litigation

Mealey's (February 18, 2021, 1:59 PM EST) -- PHOENIX — Answering a question certified from the Ninth Circuit U.S. Court of Appeals in a dispute over whether an insurer was obligated to fund a settlement reached in underlying backdating litigation, a majority of the Arizona Supreme Court held on Feb. 17 that the court should assess the objective reasonableness of the insurer’s decision to withhold consent to the insured’s settlement with shareholders from the perspective of the insurer....