exposure to civil suit after insurance settlement?

[FlyingRon]

I think I understand why you are saying this. Maybe I didn't understand the OP but can the other parties insurance company not subjugate against the OP?

The word is subrogate, and they can't get any more RIGHTS than the their insured party. If the insured has already done something (waived rights or already pursued certain legal action) that bars him from a future suit, then the insurance company can't either. If the insured did so contrary to his contract with the insurer, that's between the two of them to duke out.