When the injured party refuses to accept the liability amount of an Ins. policy can the Ins Co. keep the insurance money?

Bankruptcy and Debt 5 views 2 answers
We purchased a $100K liability policy for up to 3 persons . The accident involved 2 people; one with substantial injuries. Our insurance says the injured parties are refusing the liability amount and are looking at suing us for more money. And, once they've turned down the money, the insurance co is released and their only responsibility to us is to provide us with a lawyer. The $1000K remains with the insurance co and not given to off set the amount of judgment. Is this the law in FL? The injured party is now asking for a financial affidavit. Our house is homesteaded and all of our monies come from VA disability, Civil Service retirement, and Social Security. We have no investment properties, except a time share, and no stocks/bonds. Are these sources available for judgment?

Attorney Answers

2
Jason Lee ScarberryInsurance Law LawyerCoral Springs, FL ·
From the information provided, it does not appear that your insurance is "keeping" the money. The insurance companay likely offered the policy limits contingent upon the signing of a release, which the injured party did not want to sign. The insurance company is required to provide you with a defense of the lawsuit and pay the judgment up to the policy limits, which they should do when the judgment is entered. You would be personally responsible for the portion of the judgment in excess of your insurance policy. As for the financial affidavit, Plaintiff's counsel is likely requesting this to make a determination as to whether it is worth it to pursue this matter. If you will not be able to pay the judgment and it would be difficult to collect from you, then the Plaintiff may choose to just take the offer from the insurance company. Your homestead is protected from the judgment. In addition, you pension plan (if it qualifies under Florida statute) may be protected from the collection efforts. I would consult with an attorney who can review your assets.
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Derrick Connell ·
Your insurance company is required to provide you with a defense per your contract for coverage. If the injured party refuses to take the coverage, then you may be liable foe money in excess of the coverage if they get an excess verdict. However, you may then have a bad faith claim against your insurance company if the carrier failed to properly handle the claim. I suggest that you contact the lawyer representing you in this matter - they should be able to explain everything that is happening. He/she is YOUR lawyer even though the carrier is paying the bill.
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