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It decides who controls whether your claim settles. Many E&O forms require your agreement before the insurer can settle, which matters when the allegation touches your professional reputation. The trade-off is often a hammer clause. Refuse a settlement the insurer recommends and the matter later resolves for more, and the insurer’s obligation can be capped at the amount it could have settled for. The difference stays with you. Some forms soften this to a shared percentage. It is worth reading before you need it rather than during a dispute.

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