Alabama Insurance Adjuster Practice Exam

Which of the following statements is TRUE regarding Dr. Adams's Professional Liability Policy during her malpractice lawsuit?

1. Dr. Adams's insurer can settle without her approval.

2. Dr. Adams must approve any settlement before it's finalized.

3. The insurer is required to go to trial regardless of the circumstances.

4. Dr. Adams's insurer can initiate a settlement without consulting her.

The correct answer is: Dr. Adams must approve any settlement before it's finalized.

The statement that Dr. Adams must approve any settlement before it's finalized is accurate because it reflects a fundamental principle in professional liability insurance regarding the insured's control over settlements. Typically, in professional liability cases, the insurer and the insured (in this case, Dr. Adams) work together to assess the best course of action in the event of a claim, particularly when it comes to settlements. Dr. Adams’s approval is crucial as it relates to her rights and interests. Insurers usually need the insured's consent to ensure that any settlement aligns with the insured's professional reputation and personal preferences. If a settlement occurs without her input, it could undermine her autonomy and potentially affect future malpractice claims or perceptions about her practice. Consequently, when navigating the complexities of malpractice lawsuits, the need for the insured’s agreement ensures that decisions made by the insurer do not adversely impact the insured’s professional standing and personal interests. This collaborative approach is foundational to the policyholder-insurer relationship in professional liability coverage.