Legal Question in Medical Malpractice in Georgia

If a plaintiffs Atty has made a settlement demand to defendants Atty and the demand has been forwarded to Insurance Co, Is it prudent for the defendants to also write a letter demanding to Insurance Co to pay plaintiff ? The defendant has already been deposed.


Asked on 4/27/18, 5:11 pm

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Absolutely NOT. All insurance policies contain language that makes the insurance company solely in charge of defense. The defendant has a DUTY to cooperate and such a letter is a breach of that duty. A failure to cooperate gives the insurer an out as to paying a claim or defending the defendant.

Note that a settlement or verdict does NOT affect the defendant unless it exceeds policy limits (in that ONE instance, a Defendant may have remedies against an insurer who fails to offer policy limits).

But again, to be clear - absolutely NO.

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Answered on 4/27/18, 10:48 pm


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