Legal Question in Personal Injury in Delaware

I am a defendent in a law suit from at fault accident from two years ago. I was told by my

insurance claims rep that the plaintiff was asked for the policy max 100,000. My insurance

affered 30,000, and they turned it down. A suit was filled, and today recieved info saying my insurance company has employyed a law firm to defend me in this case. In the letter it says the suit is for general damages and amount is not specified. And any judgement against me in

excess of my policy i will be held responable for. If they are asked for policy max and insurance

wont settle, and I lose judgement over 100,000. Is this bad faith? Should I hire my own

attorney to write a letter and tell my insurance to settle for my policy max.


Asked on 5/13/11, 12:04 pm

1 Answer from Attorneys

Your insurance company does have the obligation to act in good faith. The fact that it did not settle for the initial demand before a lawsuit was filed does not in itself demonstrate bad faith. There may well be additional settlement negotiations as the case progresses.

If you would like to schedule a consultation to review the matter in more detail, please feel free to contact me.

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Answered on 5/13/11, 12:50 pm


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