The policy limits demand is a powerful tool for the plaintiff and should be taken seriously by the insured defendant. The plaintiff is saying that she will settle her case for a specific sum or the amount of insurance the coverage available to the defendant. If the insurance company refuses to settle the case and the plaintiff wins more than the policy limits sometimes the insurance company can be required to pay the entire judgment. That may require that the defendant sue his insurer for a "bad faith" refusal to settle. If the plaintiff will settle for policy limits and the defendant’s insurance company will not agree the smart defendant will hire a lawyer to evaluate the situation immediatley.
Cumberland School of Law, Cum Laude graduate Peter F. Burns practice areas include business litigation will contests, medical malpractice, legal malpractice, and other matters of complex civil litigation. Mr. Burns is licensed to practice before the United States Supreme Court and is a Certified Alabama Mediator; Board-Certified Civil Trial Advocate, National Board of Trial Advocacy, and a member of national and state Legal associations.