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Winning a Judgment and Then Collecting on It

Dec. 20, 2016

When you depose an individual defendant, you may get into their financial background to see if it is worth pursuing a case against that individual over and above the amount of their insurance.

Sometimes during the discovery process, if you determine the insured doesn’t have the means to pay anything over and above what the insurance limit is, consider the possibility of making a demand or an offer to settle for the insurance amount. If the insurance company or defendant fails to take that amount, there is a possibility that, if it was an unreasonable decision at the time that was made, that the insurance company would be liable for that amount, and we would handle it correctly on our end to make the demand.

We would explain to the insurer how their liability exceeds the amount of the insurance and that the insurance company should take into account the best interest of their client, the insured, the defendant in this case, and accept the offer.