Law Practice,
Ethics/Professional Responsibility
Apr. 15, 2020
Attorney liability for improperly recommending the rejection of a policy limits demand
Consider the following scenario: Smith sues Jones. Insurance Company hires Defense Counsel to defend Jones under the terms of a liability policy with $1 million policy limits.
Consider the following scenario: Smith sues Jones. Insurance Company hires Defense Counsel to defend Jones under the terms of a liability policy with $1 million policy limits. Smith claims damages in excess of the policy limits. Extensive discovery follows. Smith sends Defense Counsel a written policy limits demand. The demand would open up the policy and expose Insurance Company to a claim of bad faith. A bad faith claim means Insurance Company could be on the hook f...
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