Re: Hit and Run, Insurer is Dragging Feet-Advice?
Posted by:
Legal Warning
()
Date: January 29, 2016 11:59PM
This is how it works.
Victim's attorney goes to insurance company and says he has a claim for $20,000 in actual property damages and a possible claim for punitive damages. Under the facts liability is clear and the damages are the actual repair costs. The attorney offers to waive the punitive damage claim and settle for actual property damages. The insurance company refuses. The case goes to trial and the victim gets an award of $20,000 in actual damages which the insurance company pays and $20,000 in punitives which the insurance company expects the insured defendant to pay.
At this point one of two things happens. Either the insured defendant sues his own insurance company for bad faith, or the insured defendant assigns his bad faith claim to the victim in lieu of having to pay that $20,000. When the lawsuit is filed the insurance company defends on the grounds that the policy excludes punitive damages. The facts show that the insurance company could have settled the claim within policy limits without having to pay punitives, so this defense is overruled. The case goes to the jury on the question of whether the insurance company's refusal to settle for actual property damages was in good faith. The evidence the court gets to consider consists not only of the facts of the underlying accident, but also the expert witness who says the liability was clear, and a large volume of internal information.
If this doesn't sound familiar, then you don't know what you are talking about.