The letter sounds more like a demand letter than a settlement letter. But, I suppose when someone is injured $25,000 doesn’t go far to pay bills these days.
I would contend that the January 6 letter did constitute an offer to settle, or at least an advisory that settlement was likely based on payment of the $25,000 limits. I think there is more being made of this than it is. State Farm’s failure to respond in and of itself could possibly constitute bad faith.
As a former claims person, including a stint as an E&O adjuster cleaning up after a top ten carrier’s claims department, it sure sounds like a valid “bad faith” claim to me.
The basic Insurance Policy is crafted in offer and acceptance .You pay the premium and in return…What am I missing is Uberrima Fides or let the buyer beware in dealing with an Insurer
nothing new under the sun. about 40 years ago –
“soto v hanover” fed district court newark
judge mary ann trump barry presiding.
took about 5 years to receive a very clear decision.
The letter sounds more like a demand letter than a settlement letter. But, I suppose when someone is injured $25,000 doesn’t go far to pay bills these days.
I would contend that the January 6 letter did constitute an offer to settle, or at least an advisory that settlement was likely based on payment of the $25,000 limits. I think there is more being made of this than it is. State Farm’s failure to respond in and of itself could possibly constitute bad faith.
As a former claims person, including a stint as an E&O adjuster cleaning up after a top ten carrier’s claims department, it sure sounds like a valid “bad faith” claim to me.
Although astounded by these comments.
The basic Insurance Policy is crafted in offer and acceptance .You pay the premium and in return…What am I missing is Uberrima Fides or let the buyer beware in dealing with an Insurer