Legal Question in Personal Injury in Florida

Re: Evidence

No. The defendant may have a first party bad faith claim against the insurance carrier if and after the defendant gets hit with a verdict that exceeds the policy limits.

Re: Evidence

No. In addition there is a court procedure available which may require the defendant to pay plaintiff's attorney fee. Ask your lawyer.

Re: Evidence

The procedure is known as a Bad Faith claim. A Bad Faith claim occurs when an Insurance company does not agree to settle (on behalf of the insured) with a Plaintiff in good faith and the Defendant/Insured susbequently gets a judgment against him in excess of the policy limit.

Generally only the Insured/Defendant has rights to pursue the bad faith action, however in certain clear cut circumstances, a good plaintiff's lawyer will enter into a settlement with the Defendant, whereby the Defendant will enter into a consent judgment for X amount, which will exceed the insurance policy, and the Defendant will also assign his rights to his Bad Faith claim to the plaintiff's lawyer. The Plaintiff then steps into the shoes of the Defendant and can seek punitive type damages and attorneys fees.

Best of luck,

Richard Hornsby

Re: Evidence

You should direct your questions to your current attorney who has knowledge of all the facts of your case. Otherwise its yes, no and maybe. Its not considered proper to advise a party represented by counsel.