J. Christopher Henschel, an associate in Connell Foley LLP's Insurance Coverage and Commercial Litigation Groups, wrote an article in the NJSBA’s October 2021 issue of New Jersey Lawyer titled, "Expediency in Trying Times: Options for a Professional Lines Insurance Carrier Facing the Obdurate Policyholder."
In examining the factors at play, Christopher notes that the options depend on "how the insurance policy may afford consenting rights to the policyholder and settlement rights to the insurance carrier, and the extent to which those competing rights and interests interact with each other." He further notes that while "good faith and fair dealing are at the forefront of any analysis dealing with the objections of the policyholder to a course of action. Ultimately, the risk facing the insurance company is a declaratory judgment action from the policyholder over the reasonableness of the settlement and whether that settlement was in good faith becomes the focal point."
