[nikos1121]

The insurance company should have been in charge of the settlement. They were insuring the college under the libel suit filed. So if the University goes off half cocked and settles on their own terms, why should the insurance company pay?

Plus, I’m wondering if there was a law suit filed by the coach? As part of his benefits I’m sure the school provided him liabiity insurance for any lawsuits that would arise from his coaching etc.

If there were law suits filed against school because of the coach, e.g. from the girl, or others like Jessie Jackson’s group etc., the school would be obliged to defend him. If he had hire an attorney because the school was not going to do this, then in essence the school was suing themselves.

[Canedawg]

“The insurance company should have been in charge of the settlement. They were insuring the college under the libel suit filed. So if the University goes off half cocked and settles on their own terms, why should the insurance company pay?”
**********

I agree. I went to the article before i posted to see if there were any other illuminating facts there, but there weren’t.

Dook fooked up by settling without allowing its insurer to cross the T’s and dot the I’s. The settlement wasnt confidential UNTIL Dook entered into the agreement. They could have and should have run this by their insurer beforehand.

[abb]

Plus, I’m wondering if there was a law suit filed by the coach? As part of his benefits I’m sure the school provided him liabiity insurance for any lawsuits that would arise from his coaching etc.

Lacrosse coach Mike Pressler sued and has since settled.

http://durhamwonderland.blogspot.com/2010/04/pressler-lawsuit-settled.html

[blau993]

Insurance policies typically have language requiring prompt notice to the company of any claim or potential claim and requiring that the company be told in advance of any plan to settle. However, a number of states require that an insurance company that relies on this language to avoid reimbursing the insured for a settlement must show that it was actually harmed by the failure to give notice.

Practically speaking, this means the insurance company would have to prove either (a) that if it had been given advance notice, it would not have approved the settlement (and any disapproval must be reasonable, not arbitrary), or (b) that if given advance notice, it could have struck a better deal. That's not always easy to prove, and if the insurer relies on (b), it would still be on the hook up to the amount of its "better deal."

Bottom line -- Duke has plenty of arguments to make, and it is likely there will be a compromise settlement.