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Kenny just got a 100k global settlement offer on a case
Poast new message in this thread
Date: November 12th, 2018 8:38 PM Author: heady brunch We have 3 clients in a vehicle, there is one other claimant so we need to resolve that, but the limits were tendered. (http://www.autoadmit.com/thread.php?thread_id=4131475&forum_id=2#37219583) |
Date: November 12th, 2018 8:40 PM Author: Disturbing den scourge upon the earth (http://www.autoadmit.com/thread.php?thread_id=4131475&forum_id=2#37219601) |
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Date: November 12th, 2018 8:40 PM Author: misunderstood location trump supporter 180 (http://www.autoadmit.com/thread.php?thread_id=4131475&forum_id=2#37219603) |
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Date: November 12th, 2018 8:47 PM Author: heady brunch clients all had only chiro treatment. (http://www.autoadmit.com/thread.php?thread_id=4131475&forum_id=2#37219648) |
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Date: November 12th, 2018 9:07 PM Author: Beady-eyed chrome native Way to go kenny! (http://www.autoadmit.com/thread.php?thread_id=4131475&forum_id=2#37219834) |
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Date: November 12th, 2018 10:05 PM Author: alcoholic out-of-control resort liquid oxygen (http://www.autoadmit.com/thread.php?thread_id=4131475&forum_id=2#37220299) |
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Date: November 12th, 2018 9:07 PM Author: Emerald Cracking Pocket Flask (http://www.autoadmit.com/thread.php?thread_id=4131475&forum_id=2#37219835) |
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Date: November 12th, 2018 9:53 PM Author: heady brunch (http://www.autoadmit.com/thread.php?thread_id=4131475&forum_id=2#37220237) |
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Date: November 12th, 2018 9:54 PM Author: Filthy nursing home tobacco companies' settlement was in perpetuity. come on kenny get after it! (http://www.autoadmit.com/thread.php?thread_id=4131475&forum_id=2#37220243) |
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Date: November 12th, 2018 9:54 PM Author: Medicated gold chapel son of senegal is kenny going to take it (http://www.autoadmit.com/thread.php?thread_id=4131475&forum_id=2#37220244) |
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Date: November 12th, 2018 9:55 PM Author: heady brunch It’s policy limits (http://www.autoadmit.com/thread.php?thread_id=4131475&forum_id=2#37220249) |
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Date: November 12th, 2018 9:57 PM Author: Medicated gold chapel son of senegal can you get more than policy limits like if its real bad can you say the policy limit of 100k is not enough i want more? (http://www.autoadmit.com/thread.php?thread_id=4131475&forum_id=2#37220264) |
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Date: November 12th, 2018 9:58 PM Author: Mildly Autistic Principal's Office Boistinker if you go after the insured personally and have a good reason (http://www.autoadmit.com/thread.php?thread_id=4131475&forum_id=2#37220275) |
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Date: November 12th, 2018 9:57 PM Author: Magenta Becky Kitchen sounds like the case is worth more than that though. just gonna leave money on the table? (http://www.autoadmit.com/thread.php?thread_id=4131475&forum_id=2#37220266) |
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Date: November 12th, 2018 10:19 PM Author: heady brunch I don’t like going after people personally (http://www.autoadmit.com/thread.php?thread_id=4131475&forum_id=2#37220375) |
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Date: November 12th, 2018 10:22 PM Author: Magenta Becky Kitchen is it that or you just don't wanna put in the work? presumably the party wronged your client. it's your job to make your client whole, not take pity on the opposing side (http://www.autoadmit.com/thread.php?thread_id=4131475&forum_id=2#37220393) |
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Date: November 12th, 2018 10:24 PM Author: heady brunch Cr (http://www.autoadmit.com/thread.php?thread_id=4131475&forum_id=2#37220401) |
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Date: November 12th, 2018 10:40 PM Author: nubile aqua patrolman it's chandler's job to stack that paper (http://www.autoadmit.com/thread.php?thread_id=4131475&forum_id=2#37220573) |
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Date: November 12th, 2018 9:55 PM Author: Violet School Pistol (scam artist) (http://www.autoadmit.com/thread.php?thread_id=4131475&forum_id=2#37220251) |
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Date: November 12th, 2018 9:56 PM Author: Mildly Autistic Principal's Office Boistinker 180. You guys are absolutely killing it. (http://www.autoadmit.com/thread.php?thread_id=4131475&forum_id=2#37220259) |
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Date: November 12th, 2018 10:00 PM Author: Violet School Pistol Hilarious how you suck up to the CSLG crew like that desperate kid in middle school trying to be in with the cool kids. (http://www.autoadmit.com/thread.php?thread_id=4131475&forum_id=2#37220283) |
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Date: November 12th, 2018 10:12 PM Author: Mildly Autistic Principal's Office Boistinker ?
They're shaking down insurers and getting their clients $$$. There aren't many practice areas where you get to take from GC and give to your clients. |
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Date: November 12th, 2018 10:04 PM Author: peach irradiated rigpig JFC, you guys REALLY need to improve your bad faith game.
Is this in CA? Does CA (or whatever state) allow an insurer to interplead policy limits when faced with multiple claimants as an absolute defense to bad faith? |
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Date: November 12th, 2018 10:15 PM Author: mauve office There is absolutely no bad faith exposure here. They immediately tendered global limits in response to our demand. No need to interplead in Cali. Just need to tender limits if reasonable that exposure is in excess of policy. Nothing more to be done. (http://www.autoadmit.com/thread.php?thread_id=4131475&forum_id=2#37220351) |
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Date: November 12th, 2018 10:36 PM Author: peach irradiated rigpig It can't be as simple as offering limits. First, they must make settlement offers to individual claimants. If there are 3 claimants, with each entitled to the per claim limit, and their aggregate claims exceed the aggregate limits, what are the mechanics of the insurer offering its limits? They can't offer the per claim limits to any individual claimant in light of the aggregate limit.
Now, imagine an individual claimant would be willing to settle for the full per claim limit. If the insurer refuses to do this, it missed an opportunity to reduce the excess liability faced by its insured. CA doesn't recognize a bad faith claim when an insurer fails to seize the opportunity to reduce its insured's potential personal liability? |
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Date: November 12th, 2018 10:38 PM Author: heady brunch Do you do bad faith law in California? (http://www.autoadmit.com/thread.php?thread_id=4131475&forum_id=2#37220557) |
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Date: November 12th, 2018 10:49 PM Author: peach irradiated rigpig I have a few run-ins with Cali bad faith law, but I don't do Cali bad faith law, which I tried to convey with my comment.
The basis for a bad faith claim highlighted in my hypo is not a particularly aggressive theory for bad faith liability. The one caveat, as implied in my OP, is if an insurer is allowed to interplead funds in this situation and receive the benefit of a defense to a bad faith claim. It is not enough for an insurer if it can interplead funds, since thay doesn't result in releases in favor of its insured. There must be a specific allowance in favor of the insurer giving it a get out of jail free card of it interpleads its limits. This is usually in a statute, if it exists at all. |
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Date: November 12th, 2018 10:50 PM Author: heady brunch I’m more interested in first party bad faith on uninsured and underinsured motorist claims. Do you have knowledge about that (http://www.autoadmit.com/thread.php?thread_id=4131475&forum_id=2#37220665) |
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Date: November 12th, 2018 11:07 PM Author: peach irradiated rigpig Governed by statute in most states since the fiduciary-esque relationship between insurer and insured that is the product of an insurer's duty to defend third party claims doesn't exist (as viewed by most courts) in first party claims. As such there is much more variability from state to state, is usually easier to get a handle on with minimal research and almost always involves much smaller payouts relative to third-party claims. (http://www.autoadmit.com/thread.php?thread_id=4131475&forum_id=2#37220818) |
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Date: November 12th, 2018 10:45 PM Author: mauve office Youre just wrong with regards to California. Dont know what to tell you brother. As long as they offer global limits to all the claimants there is no bad faith. It is then up to all the claimants to split it up. This happens all time time on state minimal policies with multiple injured parties. Carriers will usually pay to mediate if the claimants cant agree. They do this to protect their insured. It is that simple in California. (http://www.autoadmit.com/thread.php?thread_id=4131475&forum_id=2#37220614) |
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Date: November 12th, 2018 10:58 PM Author: peach irradiated rigpig Hypo: 3 injured parties. Fair settlememt value for the claims of two claimants is $5 million each. Fair settlement value for the third claim is $250,000. All three claimants are willing to settle for rule per claim limit.
You are telling me California permits an insurer to just write a letter to the 3 claimants saying, "hey, our money is on the table" and they enjoy an absolute defense to a bad faith claim? That's absurd.
To be clear, I am not necessarily doubting, but if that really is the case, you guys should be trying to manufacture the circumstances to create some new law. |
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Date: November 12th, 2018 11:05 PM Author: mauve office Thats exactly what I am telling you. Here is a hypo: four children die in a horrible auto accident and one guy sprains his finger. At fault party has a 15/30 policy. The insurance carrier immediate sends a letter to the parents of all 4 children and the guy with the hurt finger offering 30k to all parties globally. No bad faith. The carrier has no duty to value any individual claim since they are tendering global limits. The claimants all have to fight it out themselves at that point. Case law is 100% settled on this. (http://www.autoadmit.com/thread.php?thread_id=4131475&forum_id=2#37220802) |
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Date: November 12th, 2018 11:10 PM Author: chocolate lodge philosopher-king What does the insurer's letter say? (http://www.autoadmit.com/thread.php?thread_id=4131475&forum_id=2#37220843) |
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Date: November 12th, 2018 11:12 PM Author: peach irradiated rigpig That's ridiculous. I'm all for getting paid, but I'll be the first to roll my eyes at some of the more "creative" setups and related bad faith theories. What you just described, assuming the insurer could fully settle two of the big claims for $15k each, is legit bad faith, in that the insurer is genuinely disregarding the interests of its insured in furtherance of its own interests. (http://www.autoadmit.com/thread.php?thread_id=4131475&forum_id=2#37220856) |
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Date: November 12th, 2018 11:17 PM Author: mauve office Give me 5 min. I'll post a letter from one of my cases to show you how the offer it. (http://www.autoadmit.com/thread.php?thread_id=4131475&forum_id=2#37220890) |
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Date: November 12th, 2018 11:19 PM Author: peach irradiated rigpig Is this this the product of caselaw or statute? (http://www.autoadmit.com/thread.php?thread_id=4131475&forum_id=2#37220905) |
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Date: November 12th, 2018 11:20 PM Author: mauve office Case law. (http://www.autoadmit.com/thread.php?thread_id=4131475&forum_id=2#37220912) |
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Date: November 12th, 2018 11:20 PM Author: mauve office Here is one where there were 8 total claimants. I had to negotiate the 30K split with four other lawyers. Luckily my client had underinsured coverage of 1 million because she was driving for Uber.
"Once all parties are identified and the APPORTIONMENT HAS BEEN AGREED UPON FOR ALL PARTIES..."
https://imgur.com/a/K6BBtBJ |
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Date: November 12th, 2018 11:54 PM Author: peach irradiated rigpig What's the leading CA case on this? (http://www.autoadmit.com/thread.php?thread_id=4131475&forum_id=2#37221146) |
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Date: November 12th, 2018 10:19 PM Author: Swollen insecure box office It's about time "Kenny" started pulling his weight (http://www.autoadmit.com/thread.php?thread_id=4131475&forum_id=2#37220368) |
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Date: November 12th, 2018 10:39 PM Author: nubile aqua patrolman Kenny shooting up the CSLG firm power rankings (http://www.autoadmit.com/thread.php?thread_id=4131475&forum_id=2#37220562) |
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Date: November 12th, 2018 10:51 PM Author: Umber bat-shit-crazy pit 180. If i passed the CA bar, could I come open a matrimonial wing of the practice? (http://www.autoadmit.com/thread.php?thread_id=4131475&forum_id=2#37220671) |
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Date: November 12th, 2018 11:09 PM Author: Mildly Autistic Principal's Office Boistinker Take it in February with me
I plan to register in the next few days
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Date: November 12th, 2018 11:26 PM Author: Umber bat-shit-crazy pit (http://www.autoadmit.com/thread.php?thread_id=4131475&forum_id=2#37220963) |