Do you have “consent to settle”?
Imagine there’s a claim against you, but you’re confident you’ve done nothing wrong. Would you be prepared to settle, and accept the impact on your reputation? Or would you want to be free to contest it in court?
Freedom of choice
In a medical indemnity policy, “consent to settle” gives you the choice. It means your insurer must obtain your consent before settling any claim, so you decide which is the best way forward in each case.
Consent comes with conditions
In most policies, there are conditions around consent to settle. Some (not PMP’s) include a “hammer clause”, where the insurer makes you pay any difference between what they would settle for and what is agreed in court. So if the insurer offered you a £500,000 settlement but the court verdict was ultimately £750,000, you would be left owing a quarter of a million pounds.
Many policies offer you consent authority on condition the insurer considers your decision “reasonable.” If there’s a dispute about this, it’s important that the policy has a clear, independent mechanism for resolving it, so you can be confident that final decision is unbiased and objective. PMP’s policy guarantees this for you.
What you can do:
- Check whether your indemnity policy gives you consent to settle, typically in the ‘Conditions’ section of your policy
- Take a look at how your policy deals with what’s reasonable
To discover more about the issues around “consent to settle” and medical indemnity in general, please contact – 0345 163 0053