Duty to settle refers to an insurance company’s (insurer’s) obligation to make reasonable efforts to settle a claim against its insured (policyholder). This duty comes from the implied promise (covenant) of good faith and fair dealing that most courts recognize in liability insurance policies.

Most states require a demand within policy limits to trigger an insurer's duty to settle—and some states require a demand within policy limits or some expression of interest (from the injured claimant) in settlement or an "opportunity to settle.”

But in some states the insurer has an affirmative duty to initiate settlement negotiations and cannot wait for a policy limits demand. And in Florida, bad faith may be inferred from a delay in settlement negotiations that is willful and without reasonable cause.

An insurance company generally must accept a settlement offer that is (1) reasonable and (2) within policy limits when there is a substantial likelihood that a verdict at trial will exceed the policy limits. This duty to settle applies to primary insurance coverage as well as excess insurance coverage.

When an insurance company breaches its duty to settle, it can be held liable for the full verdict against its insured policyholder—including amounts in excess of the policy limits. And some jurisdictions (state courts, federal district courts) also allow the recovery of punitive damages, attorney fees, prejudgment interest, postjudgment interest, economic losses caused by the insurer’s breach of its duty to settle, and emotional distress.

In Tennessee, the duty to settle is an obligation of an insurance company to make reasonable efforts to settle a claim against its policyholder within the policy limits, stemming from the implied covenant of good faith and fair dealing inherent in liability insurance policies. Tennessee law requires that an insurer act in good faith and deal fairly with both its insured and the claimant. While there is no explicit statute in Tennessee that outlines the duty to settle, case law in the state has established that an insurer may be liable for bad faith if it fails to settle a claim within policy limits when a reasonable insurer would have done so, especially if the potential judgment could exceed those limits. If an insurer breaches this duty, it can be held liable for the entire judgment against the insured, even if it exceeds policy limits, and may also face additional damages such as attorney fees and punitive damages. Tennessee does not specifically mandate that insurers initiate settlement negotiations, but they are expected to respond appropriately to settlement opportunities to protect their insureds from excess judgments.