We have considerable experience in assisting insured parties by providing independent legal advice in cases where there is a real likelihood or possibility that the amount of the damages awarded will exceed the limit of their liability insurance.
Excess Insurance Claims
A contract of insurance provides money from the insurance company to indemnify or cover you for damages that your negligence may have caused to a third party (usually “the plaintiff”). Although the insurance company has a duty to defend its client against a claim brought by the plaintiff, the insurance-appointed defence lawyer cannot advise you on what might happen to you if the claim exceeds the limits of your policy.
In such instances, the insurance-appointed defence lawyer may notify you that the claim against you may potentially exceed the amount of your insurance coverage and advise you to obtain independent legal advice. When this happens, our lawyers have considerable experience in assisting you in this situation. Our assistance may include:
- obtaining and reviewing the claim information to provide an independent opinion about what the claim is really worth;
- communicating with the insurance company and the insurance-appointed lawyers to make sure that every possible step has been taken to provide you with the best possible defence;
- obtaining a confidential inventory of your assets to determine what steps need to be taken to protect them;
- keeping in close contact with the insurance lawyer to demand that every attempt be made to settle the claim within the limit of your policy; and – in only the worst-case situation,
- negotiating directly with the plaintiff’s lawyer to determine whether or not a contribution from your personal assets should be made.
If your insurer has notified you that a claim against you may exceed your insurance and you wish to discuss the matter further with a lawyer at Harris & Brun Law Corporation, Please Request a Consultation or contact one of our lawyers directly and we will be in touch with you promptly to discuss your matter.Request A Consultation