Protecting Clients From Verdicts In Excess Of Their Policy Limits

One of the more challenging aspects of a personal injury action is the interaction between the  insured defendant and their insurance carriers. In a recent matter, Blake Williams of Pillsbury & Coleman represented a client who was in a car accident that severely injured a passenger. Following the accident, the passenger informed our client that he would be seeking a recovery from our clients’ insurers, but would forego pursuing our client personally. As the case progressed, the injured party grew frustrated with the insurance company’s delays and decided to submit a 998 offer of compromise that exceeded the policy limits putting our client’s personal assets at risk.

Through a series of discussions with the insurance carrier, we were able to leverage the 998 offer to compel the carrier to put up a substantial settlement offer.  As the matter progressed to trial, we were able to facilitate resolution of the matter, with the insurer funding over 95% of the settlement. This was a victory for our client, and an excellent example of the effectiveness of engaging coverage counsel in situations where the carrier is not taking an aggressive posture as to settlement and projecting their insured’s interests.

 

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