Under Maldonado, an insurer which tenders a defense with a reservation of rights is entitled to enforce a consent to settle clause. The district court therefore did not err in holding that Motiva breached its insurance policy by settling without National Union's consent, even though National Union reserved its right to contest coverage and therefore did not tender to Motiva an unqualified defense.
February 20, 2006 at 12:00 AM
1 minute read
The original version of this story was published on Texas Lawyer
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