Liability Insurers Should Beware Time-Limited Demands

Law360 (February 25, 2019, 2:04 PM EST) -- In a number of states, a liability insurer that fails to tender its policy limits in response to a time-limited settlement demand — that is, a unilaterally established deadline usually of 30 days — can be liable for a judgment later entered against the insured, even if the judgment exceeds the amount of the insurer’s limits.

This is the case even when the time-limited demand is the insurer’s first notice of an accident giving rise to claims against its insured, and even if the insurer later tenders its limits before an excess judgment is entered against the insured. The lack of...

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