Consent-to-settle clauses and cooperation duties hand the insurer real influence over litigation strategy, and ignoring them can be as damaging as losing the case. Many policies bar settlement without the insurer's consent and require cooperation, while some include hammer clauses that shift costs if the policyholder refuses a recommended settlement. For a senior executive, this means the insurer is effectively a partner in every major dispute. The report explains how consent and cooperation provisions operate in your chosen jurisdiction and industry, the strategic constraints they impose, the hammer-clause and consent-withholding mechanics, warning indicators of a settlement impasse, indicative cost ranges from published disputes, and when to engage coverage counsel, defence counsel and brokers.
Reference material for informed readers, not advice.
