What do a mallet, sledgehammer and jackhammer have in common? If you are an insurance buyer, one of these tools is in each of your employment practices liability, directors and officers liability, and errors and omissions policies.
Most comprehensive general liability policies contain limit language, which states the insurer has a “right” to settle claims–thus leaving an opportunity for discussion. The settlement language in D&O, E&O and EPL policies are quite different.
Although the terminology used in this article is tongue-in-cheek, the real life significance is critical. The hammer clause deserves more attention than many insureds give it.
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