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question
A motorist's negligent driving seriously injured another driver. The motorist was cited for traveling in the wrong lane and paid a fine. The motorist had a policy limit of only
$15,000 for third party liability on his insurance policy. After furnishing the motorist's insurer with a full medical report, all medical bills, medical records, and other required proofs of damages, the injured claimant demanded the policy limits. The claimant gave notice that a bad faith claim would be filed if the policy limits were not paid immediately. The insurance company refused payment without explanation. A jury awarded the injured claimant $200,000. The injured claimant obtained a signed assignment from the negligent motorist giving to the claimant any rights that the motorist may have had against his insurer. Will the court likely compel the insurance company to pay the full amount of the jury verdict to injured person under these facts?Plain-text mathematical notation (without MathML)
A motorist's negligent driving seriously injured another driver. The motorist was cited for traveling in the wrong lane and paid a fine. The motorist had a policy limit of only $15,000 for third party liability on his insurance policy. After furnishing the motorist's insurer with a full medical report, all medical bills, medical records, and other required proofs of damages, the injured claimant demanded the policy limits. The claimant gave notice that a bad faith claim would be filed if the policy limits were not paid immediately. The insurance company refused payment without explanation. A jury awarded the injured claimant $200,000. The injured claimant obtained a signed assignment from the negligent motorist giving to the claimant any rights that the motorist may have had against his insurer. Will the court likely compel the insurance company to pay the full amount of the jury verdict to injured person under these facts?
Original LaTeX notation
A motorist's negligent driving seriously injured another driver. The motorist was cited for traveling in the wrong lane and paid a fine. The motorist had a policy limit of only $15,000 for third party liability on his insurance policy. After furnishing the motorist's insurer with a full medical report, all medical bills, medical records, and other required proofs of damages, the injured claimant demanded the policy limits. The claimant gave notice that a bad faith claim would be filed if the policy limits were not paid immediately. The insurance company refused payment without explanation. A jury awarded the injured claimant $200,000. The injured claimant obtained a signed assignment from the negligent motorist giving to the claimant any rights that the motorist may have had against his insurer. Will the court likely compel the insurance company to pay the full amount of the jury verdict to injured person under these facts?
choices
- The policy limit is $15,000 and that is all that can be collected by the injured person there is no action for bad faith on an insurance contract.
- The insurance company breached the implied covenant of good faith and fair dealing that is implicit in every insurance contract and must pay the full amount of the judgment.
- Bad faith is personal to the insured party and his insurer the assignment was invalid, and the injured person has no claim to compel the insurer to pay.
- The injured party must enforce his entire judgment against the motorist and may never pursue the insurer for that amount.
subject
professional_law
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