November 30, 2018 Feature

Policy Limits Demands and Time Limit Demands Duty to Settle

By Gary L. Gassman and Jonathan R. Walton

A powerful tool available to plaintiffs lawyers in litigation is a well-executed and timely policy limits demand or time limit demand to a defendant’s insurer. If the policy limits demand is accepted by the insurer, the plaintiff has settled the case for the maximum that can be recovered from the defendant. If the insurer rejects a policy limits demand, it could lead, under certain circumstances, to a recovery in excess of the policy limits.

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