Scott Seaman Considers High-Low Settlement Strategies and Best Practices
In The News | 1 min read
Oct 26, 2017
Hinshaw attorney Scott Seaman, a Chicago-based partner and co-chair of the firm's national Insurance Services Practice Group, considered high-low settlements in a Law360 article. In a high-low settlement, a defendant agrees to pay a minimum, regardless of the verdict, to the plaintiff, who agrees in turn to accept up to a maximum figure from the defense in the event of a favorable verdict — even if the jury comes back with a far bigger figure.
Seaman said that every high-low agreement should account for what happens in the event of a mistrial or a deadlocked jury. It should also include a covenant not to enforce a verdict outside the agreed-to range and a pay-by date. It should also address confidentiality of the deal itself and any potential impact on liens at play in the dispute.
“A high-low does add to the potential for an unhappy client and the best way to prepare for that is a full disclosure to the client in writing, a solidly drafted agreement, and being confident about enforceability,” Seaman is quoted as saying. “If all that is met, you’re protected against an unhappy client.”
Related People
Related Capabilities
Related Locations
Featured Insights

Press Release
May 20, 2026
Hinshaw Releases America 250 Book Exploring Insurance's Role in Building the United States

Consumer Crossroads: Where Financial Services and Litigation Intersect
May 19, 2026
OCC's Final Escrow-Interest Preemption Rules Bolster the Second Circuit’s Cantero Decision

Webinar
May 19, 2026
Scott Seaman Speaks on Making Decisions in Difficult Risk Environments

Consumer Crossroads: Where Financial Services and Litigation Intersect
May 14, 2026
Key Takeaways from the 2026 MBA Legal Issues and Regulatory Compliance Conference

Consumer Crossroads: Where Financial Services and Litigation Intersect
May 14, 2026
SCOTUS Confirms: Federal Courts Retain Power to Affirm or Vacate an Arbitration Decision

In The News
May 13, 2026
Hinshaw Contributes Chapters to “Wrongful-Death and Survival Actions” IICLE Handbook

In The News
May 12, 2026
Hinshaw GC Steve Puiszis Discusses Protecting Attorney-Client Privilege in an AI Age

Event
May 12-13, 2026
Mitchel Chargo Speaks on the Rapidly Evolving Cannabis Industry

Consumer Crossroads: Where Financial Services and Litigation Intersect
May 11, 2026
Tennessee Reaches Settlement with Mariner in Multistate UDAAP Enforcement Action

Press Release
May 11, 2026
Ali Degan Elected to the Fellows of the American Bar Foundation

Press Release
May 11, 2026
John Weedon Re-Elected to the Jacksonville Bar Association’s Board of Governors in 2026


