Author Archives: Rickard Jorgensen

The Consent to Settle clause

The majority of Malpractice policies include a provision as follows: We may solicit settlement offers on any claim. No offer to settle a claim will be accepted unless we have your consent. However, if you withhold consent to a settlement offer that we deem to be reasonable and that is acceptable to the claimant, we may request that the matter be submitted to a mutually acceptable local arbitrator. The arbitrator will decide whether consent has been unreasonably withheld and will be binding. If the arbitrator rules in our favor, the ruling will be deemed to be your consent where permitted […]