Tag archive: Policy Limit Demand
What a Mess! — Insurer Has No Right to Jury Trial to Determine if Settlement Between Its Insured and Claimant Was Reasonable
Summary: After the insurer denied a settlement demand for the $2 million policy limits, the insured, a plumbing contractor, and the land owner plaintiff (“claimant”) reached a settlement agreement for approximately $3.75 million. The trial court judge determined that the settlement was reasonable. The insurer appealed arguing it had a right to a jury trial…
Good Efforts by Insurer Lead to Win
Summary: Allstate, by making consistent efforts to settle a serious injury case, convinced a jury that it was acting in good faith even though Allstate could have determined earlier that it owed the limits of its policy. Allstate Ins. Co. v. Herron. 09-35203 9th Cir. 3/10/11 Plaintiff Herrin was involved in a single car accident…
Close Counts for Something: Federal District Court in Florida Finds Carrier Did Not Act in Bad Faith in Attempting to Settle Lawsuit Against Its Insured
Summary: Carrier’s diligent attempts to settle after it received a time sensitive policy limit demand demonstrated that it was not acting in bad faith. Plaintiff’s counsel refused to discuss the settlement contained in an overly technical and conditional demand letter while the carrier promptly acted (but failed) to achieve a settlement protecting its insured and…