Supreme Court of New Jersey

Howard Lieberman, Plaintiff-Appellant and Cross-Respondent v. Employers Insurance of Wausau, Defendant-Respondent…

September 15, 198084 N.J. 325

Summary

The New Jersey Supreme Court held that an insured's written consent to settle a claim is revocable absent an express contractual provision to the contrary, that an attorney retained by the insurer breaches his duty to the insured by settling without consent, and that damages must be determined at a new trial, remanding the case for that purpose.