Legal Question in Insurance Law in Florida

Insurance Settlement - Release for Minors
If the maximum liability coverage on an insurance policy is deemed insufficient by a ''guardian ad litem,'' does this appointed guardian have the capability to bring suit against the policy holder, even if this is against the wishes of the natural guardians?

Asked on 4/05/08, 1:35 am

2 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

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Re: Insurance Settlement - Release for Minors

It depends on how this is set up. Usually, the guardian ad litem is appointed when there is already a lawyer for the injured minor. The guardian ad litem provides an analysis and a report to the court, who then decides whether to approve the proposed settlement or not. If the court does not approve the settlement, the case is brought or continues. The guardian ad litem does not bring the case.

The only way I think that a GAL would not approve a settlement for the full amount of insurance available is if he has determined that the person at fault has independent assets that could satisfy a judgment and that the amount of insurance is not enough to fairly cover the damages.

For instance, if a Best Buy truck ran a red light and you lost both legs as a result, but Best Buy only has $100,000 of insurance, then you would be foolish to settle for 100K because Best Buy itself has plenty of money and assets to pay regardless of what insurance they have.

Answered on 4/05/08, 11:18 am

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