The consent to settle provision states that our insurer CNA will not settle a claim out of court without your written consent. If you believe you are innocent and a settlement would be an admission of guilt, if you wish to see the case through to trial to clear your name, you have that right under our policy.
Some insurance policies do not contain this provision. If the insurer feels it is in their best interests, they can settle a lawsuit out of court without your consent.
Some insurance policies contain a consent to settle provision with a ‘hammer’ clause. They will take the matter to trial if you wish, but if the case is lost, you are forced to pay a percentage (anywhere from 20% to 50%) of the judgement and legal expenses that are over the original settlement offer.
The Dentist’s Advantage policies contain an ‘absolute’ consent to settle provision. We have no hammer clause. Even if you lose a trial and it costs more than a previous settlement offer, you will not be forced to pay a percentage of the judgement.