By Richard A. Huver

Is the lid off the policy?  That question has undoubtedly been asked by plaintiff and defense lawyers alike.  Whether an insurance company has a duty to accept a policy limits demand is generally an individualized question dependent on many factors, including the timing of the demand, the information available on both liability and damages, and the likelihood of a verdict in excess of the policy limits.  Evaluating how these factors apply to a demand made during the claim process or litigation is one thing.  But what happens if the policy limits demand is made incident to or during a mediation? Read More