Legal Question in Insurance Law in California

Re: H/O Insurance Claim

Its the max the carrier can give under the terms of the policy. Past that amount recovery would have to be sought against your parents. You should consult an attorney for specifics.

Re: H/O Insurance Claim

Do your parents have an umbrella or other insurance policy? If not, then your brother should ask for a copy of the Declarations page of your parents insurance to confirm this is the limit of coverage. If it is, then this is all he can recover without going after your parents assets.

Re: H/O Insurance Claim

If this is the only applicable insurance your parents have and if $100,000 is the policy limit, then that is all the insurer will pay. Your parents could have bought more coverage but didn't, and the insurer can't be forced to give them the benefit of something they didn't pay for.

Technically it is your parents who are liable, not the insurer. The insurance policy obligates the insurer to cover that liability up to the policy limit, but if your brother wants more he will have to get it from your parents. If he chooses to sue them he should be very careful about signing documents from the insurer, as those documents will almost certainly include a release of the parents' liability.

Hopefully your brother's family has health insurance which can help pay the bills.

Re: H/O Insurance Claim

Did your brother or wife see the incident? They may also have a claim. And the policy may have language which allows a claim by the your brother and/or wife to be made separate from your nephew's. And did your brother and wife actually see the policy?

They should see a lawyer to make sure there is no other insurance, the limits are what is represented, no other possible parties might be liable,etc.

The insurer knows what it is doing, so your brother also needs to do so.