What is a Hammer Clause?
Let me explain what a hammer clause is directly to you. It's an insurance policy clause that lets the insurer push the insured to settle a claim. You might also hear it called a blackmail clause, settlement cap provision, or consent to settlement provision. The name comes from how it hammers the insured into settling, just like driving a nail.
How a Hammer Clause Works
Here's how it operates in practice. The hammer clause gives the insurer the ability to force a settlement by setting a cap on the indemnification they'll provide. For instance, they might limit it to what they believe the settlement is worth. If you, as the insured, refuse, you're on the hook for your own defense costs.
Insurance companies cover the risks in your policy, and when a claim hits, they're supposed to help settle it. But sometimes, you and the insurer disagree on the settlement value. The insurer wants to keep costs down—things like legal fees and adjuster expenses that pile up the longer the process goes. You, however, focus on minimizing what you owe in the settlement, and since you're not paying the legal bills directly, you might not rush to agree if the amount doesn't suit you.
Remember, this clause specifically allows the insurer to compel someone like a manufacturer in a lawsuit to settle the case.
Sample Hammer Clause Wording
You should know there's standard wording for these clauses. It typically goes something like this: We have the right and duty to defend any claim seeking damages, even if the allegations are groundless, false, or fraudulent. We'll investigate as we see fit. We won't settle without your written consent, which you can't unreasonably withhold. You and we will consult to resolve any differences on settlement.
Example of the Hammer Clause
Take this example to see it in action. Imagine you're a manufacturer sued for injuries from your product. Your liability policy makes the insurer defend you in court. The insurer might see that a quick settlement could end the consumer lawsuit fast, avoiding a long defense. But if you don't want to settle because it means paying out-of-pocket, the hammer clause lets the insurer force you to do it anyway.
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