I got an excess judgment against a defendant represented by insurance provided counsel. Can I now contact the defendant about suing his insurance company for bad faith to pay the excess judgment?
Answer: I don’t know the law on your question. I always write the defendant a letter c/o their defense lawyer, the letters suggesting the best way to pay my judgment is for them to sue the insurance company for failure to settle for limits. I’ve never had one be brave enough or foolish enough to not pass it along to the insured/client. I suspect if that happened, it would help the ultimate bad faith case.
Posted on Sun, August 29, 2010
by Sharon Coleman filed under