Section 3.22 Tortfeasor’s Insurance Company Denies Coverage
| Library | Settling Cases 2014 |
On occasion, a tortfeasor’s insurance company will flatly deny coverage. Under those circumstances, a plaintiff may want to consider negotiating a settlement with the tortfeasor by which the tortfeasor will admit liability and damages in exchange for an agreement that the plaintiff will only execute on the disputed insurance policy.
Eakins v. Burton, 423 S.W.2d 787 (Mo. 1968), illustrates how this rule works in practice. The plaintiffs were injured because of Burton’s negligent operation of an automobile...
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