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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.
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Demand for charter schools increases: 17,000 on Texas wait list
Ed News carries this report featuring an interview with Brooke Dollens Terry is an education policy analyst at the Texas Public Policy Foundation. It includes this Q&A: 1) Brooke, in a recent public policy paper, you seem to indicate that the demand for charter schools is going to increase fairly substantially in the future...
Facing "Bad Faith" Demand Letter, Insurance Company Can Require a Release
Many a lawyer has sought to transform a standard car accident case into a bad faith claim against the would-be defendant's insurance company. The plaintiff makes a demand for policy limits, the insurance company accepts, and then presents a general release...
Primus on the Limits of Intepretivism
Richard Primus (University of Michigan Law School) has posted Limits of Interpretivism (Harvard Journal of Law and Public Policy, Forthcoming) on SSRN. Here is the abstract: As a matter of history, the term interpretivism was current only for a short...
Allstate Hit With $16 Million Bad Faith Award
Demonstrating why the American Association for Justice has named Allstate the worst insurance company in America, a Missouri appellate court has upheld a $16 million judgment against it for failing to settle for the $50,000 policy limits in a clear cut case of its insured's liability...
Cheap Exclusion: Role and Limits
Posted by D. Daniel Sokol Patricia Schultheiss and William E. Cohen of the FTC discuss Cheap Exclusion: Role and Limits. ABSTRACT: This paper examines the legal and policy issues related to using section 2 to prosecute such cases...
Equitable Subrogation and Legal Malpractice
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In this Fourth Department case Kumar v, American Transit Co, the Appellate Division has reversed and sent a case of legal malpractice back for trial. It is an interesting application of equitable subrogation...
State Farm Class Actions
Policy Holders Settle
Faces Class Action over Return Policy
Judge orders Health Net Inc. to pay $9 million settlement after terminating a policyholder's policy after being diagnosed with breast cancer.