Kenny just got a 100k global settlement offer on a case
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Poast new message in this thread
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?
(http://www.autoadmit.com/thread.php?thread_id=4131475&forum_id=2#37220293) |
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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?
(http://www.autoadmit.com/thread.php?thread_id=4131475&forum_id=2#37220523) |
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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.
(http://www.autoadmit.com/thread.php?thread_id=4131475&forum_id=2#37220736) |
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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
(http://www.autoadmit.com/thread.php?thread_id=4131475&forum_id=2#37220911) |
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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
(http://www.autoadmit.com/thread.php?thread_id=4131475&forum_id=2#37220829)
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