Excess Verdicts And Direct Actions
Decades Of Legal Experience On Your Side
The attorneys at Mannion Lowe & Oksenendler, A Professional Corporation have over 70 years of combined experience litigating disputes against insurance companies and winning compensation for the consumer, including holding insurers liable for verdicts in excess of the policy limits and instituting direct actions against insurance companies.
To learn how our lawyers can help you resolve an insurance dispute, send an email to our law office today.
What Is An Excess Verdict?
When a policyholder is sued for causing personal injury or property damage to another, the insurer often has a duty to defend the insured, and also to pay any judgment or verdict rendered against the insured, up to the limits of the policy. This duty may also include a duty to settle. When the insurance company turns down a reasonable settlement offer and then loses at trial, the insurer may be liable for the full amount of the verdict, even if it is in excess of the policy limits.
In one of our cases, a man was struck and hurt while in a crosswalk. The man offered to settle the case for $15,000, but the insurance company turned down the offer. At trial, the jury returned a verdict for the injured man of $200,000. The insurance company ended up liable for the full $200,000.
What Is A Direct Action?
Typically, the wronged or injured party will sue the defendant it believes responsible for causing the injuries or damage. If the defendant is insured, the insurance company may take over the defense or settle with the plaintiff, or if the case is tried to verdict, pay all or part of the judgment owed by the defendant. In some cases, it may save time and overall expense to bring a lawsuit directly against the insurance company. This is called a direct action.
If instituting a direct action, however, you must not only prove the facts of the case, including your injury and the defendant’s liability, but you must also be able to prove that the defendant was covered by the insurer you are suing, and that the insurance covers the type of damage in your case. We analyze your case from the outset and determine whether or not a direct action lawsuit is the best route toward getting you a recovery most quickly and successfully.
Seek Experienced Legal Representation
If you learn that your insurance company turned down a reasonable settlement offer that forced you into a damaging trial, or if you are unsure of who is the proper liable party in a potential lawsuit, contact the experienced insurance litigators at Mannion Lowe & Oksenendler, A Professional Corporation for professional advice and effective representation. Call 800-724-6188, or send us an email today.