Endorsements

Consent to settle endorsement wording and examples

Consent to settle endorsements change the insured's consent rights, settlement approval process, retention credit, or consequence of refusing a proposed settlement. These provisions address the insurer’s payment obligation when an insured refuses a recommended settlement.

Coverage classification

Form type
Endorsements

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Consent to settle endorsement forms compared by Intent, When it applies, Payment and conditions
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Fair American Insurance and Reinsurance Company

Consent to Settle Endorsement

FA-PML-1552-A CW 03-2026

Private Management Liability

Defines the insurer’s payment obligation after an insured refuses a recommended settlement.Applies to listed coverage parts when the claimant accepts the recommended settlement.The obligation includes the proposed settlement, defense costs to recommendation and a specified percentage of later loss, subject to the liability limit.

Philadelphia Indemnity Insurance Company

Addition of Consent to Settle Clause

PI-ESG-MCP-22 (01/26)

Management Liability

Adds a payment limitation when the insured rejects a written recommendation and continues to contest the claim.Can apply to selected directors and officers, employment practices or fiduciary coverage parts.The clause applies only once the proposed settlement plus specified defense costs exceeds the applicable retention.

Notable clauses

“plus [percentage]% of all Loss incurred after the date of the Insured’s refusal to consent to such settlement”

Fair American Insurance and Reinsurance Company · Consent to Settle Endorsement · FA-PML-1552-A CW 03-2026

After refusal. The scheduled percentage determines the insurer’s share of later loss, subject to the form’s conditions.

“this paragraph shall not apply until the settlement amount (plus Defense Costs incurred up to the date of the Underwriter’s recommendation to settle) exceeds the Retention amount(s)”

Philadelphia Indemnity Insurance Company · Addition of Consent to Settle Clause · PI-ESG-MCP-22 (01/26)

Retention condition. The provision specifies a retention threshold before the clause applies.

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