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Why are liability limits a legal requirement for insurance that's not legally required?

Posted on 7/5/24 at 5:15 pm
Posted by baldona
Florida
Member since Feb 2016
23425 posts
Posted on 7/5/24 at 5:15 pm
I have a colleague that had someone trip inside of a property they own and hurt their leg, and now they are being sued. The lawyers are requesting their liability limits. I fail to see how that should be a requirement for homeowners insurance when its not required by law in the first place?

Why the hell should anyone be required to submit their coverage limits? That's absolutely asinine

Posted by xxGEAUXxx
minneapolis
Member since Dec 2012
1313 posts
Posted on 7/5/24 at 5:22 pm to
Insurance and attorneys are scams.
Posted by HarveyBanger
Member since Mar 2018
1271 posts
Posted on 7/5/24 at 5:32 pm to
quote:

Why the hell should anyone be required to submit their coverage limits?


Because the personal injury attorneys (and their freeloading clients) need to decide how hurt they are going to be.

They pass this information along to their buddies at the clinic and bam, every diagnosis in the book.

Shake and bake baby. That’s how you defraud the insurance company and rig the system
Posted by baldona
Florida
Member since Feb 2016
23425 posts
Posted on 7/5/24 at 6:03 pm to
Ha I mean I know why the lawyers ask for the limits, but why do they need to be provided?
Posted by HarveyBanger
Member since Mar 2018
1271 posts
Posted on 7/5/24 at 6:23 pm to
quote:

Ha I mean I know why the lawyers ask for the limits, but why do they need to be provided?


There are no laws saying you have to give it to them. They will likely just threaten suit over it which if they do they would just get the limits through discovery.
Posted by TorchtheFlyingTiger
1st coast
Member since Jan 2008
2920 posts
Posted on 7/5/24 at 7:50 pm to
Shouldn't they be dealing direct w OP's insurance? Seems like once lawyers are involved you'd want the insurance Co lawyers in your corner. Any reason that wouldn't be advisable?
This post was edited on 7/5/24 at 9:37 pm
Posted by HarveyBanger
Member since Mar 2018
1271 posts
Posted on 7/5/24 at 8:17 pm to
I was just answering the original question.

Yes I agree though best course of action would be to turn over to the insurance and let them walk them through it.
Posted by dukeg7213
Louisiana
Member since Apr 2023
6109 posts
Posted on 7/5/24 at 11:22 pm to
quote:

They will likely just threaten suit over it which if they do they would just get the limits through discovery.


You also don’t have to provide that in discovery. They can request whatever they want but can’t get it unless a judge deems necessary.
Posted by baldona
Florida
Member since Feb 2016
23425 posts
Posted on 7/6/24 at 8:35 am to
quote:

Shouldn't they be dealing direct w OP's insurance? Seems like once lawyers are involved you'd want the insurance Co lawyers in your corner. Any reason that wouldn't be advisable?


My colleague passed the request on from the lawyer to see if I had any experience. He has passed it onto his insurance, so they will handle it from here.

It was a "request" form that stated the Florida statute for requiring to give the insurance information and then asked for the:

1. name of insurance
2. Name of insurer
3. Certified copy of:
personal injury limits
Property damage limits
Medical expense limits
Personal injury protection limits

4. statement of any policy or coverage defense which your company reasonbly believes is available.

I'm not a lawyer so I don't know what is legally required to provide, Its just ridiculous that they even ask that.
This post was edited on 7/6/24 at 8:36 am
Posted by bigjoe1
Member since Jan 2024
1492 posts
Posted on 7/6/24 at 8:52 am to
Your friend should not be taking to the plaintiffs lawyers. Turn the lawsuit over to his insurance company and let their lawyers deal with it.
Posted by Y.A. Tittle
Member since Sep 2003
109736 posts
Posted on 7/6/24 at 9:28 am to
quote:

quote:
They will likely just threaten suit over it which if they do they would just get the limits through discovery. You also don’t have to provide that in discovery.

They can request whatever they want but can’t get it unless a judge deems necessary.


In Louisiana litigation, you are simply not going to be able to withhold disclosing policy limits. I guess you could force the issue all the way to a Motion to Compel, but you will likely get hit with costs if you’re that obstinate. In other words, everybody will just disclose with a simple discovery request, at most.
Posted by OTIS2
NoLA
Member since Jul 2008
52217 posts
Posted on 7/6/24 at 9:29 am to
You’re exactly right. Tell your buddies to give them the finger!
Posted by baldona
Florida
Member since Feb 2016
23425 posts
Posted on 7/6/24 at 9:49 am to
quote:

Your friend should not be taking to the plaintiffs lawyers. Turn the lawsuit over to his insurance company and let their lawyers deal with it.


Again, he's not.

This was sent certified mail to him in the request to the insurance information.

The amount of information they requested though just seemed absurd to both of us.
Posted by baldona
Florida
Member since Feb 2016
23425 posts
Posted on 7/6/24 at 9:50 am to
quote:

In Louisiana litigation, you are simply not going to be able to withhold disclosing policy limits. I guess you could force the issue all the way to a Motion to Compel, but you will likely get hit with costs if you’re that obstinate. In other words, everybody will just disclose with a simple discovery request, at most.


This is what I basically assumed and why they have no issues asking for it right away. They can get it, but it will just cost everyone time and money so they just ask right away.

Which again, is absolutely ridiculous.
Posted by Tiger Prawn
Member since Dec 2016
25189 posts
Posted on 7/6/24 at 4:46 pm to
quote:

3. Certified copy of:
personal injury limits
Property damage limits
Medical expense limits
Personal injury protection limits
What they quoted in that letter sounds like it pertains to auto insurance. Property damage and PIP are terms typically applicable to auto insurance, not homeowners.

ETA: he did the right thing forwarding to his insurer. He should not have any direct communication between himself and the plaintiffs or their attorney going forward. Everything should run through the adjuster and insurance company attorneys now.
This post was edited on 7/6/24 at 4:53 pm
Posted by Motorboat
At the camp
Member since Oct 2007
23935 posts
Posted on 7/8/24 at 9:14 am to
quote:

I'm not a lawyer so I don't know what is legally required to provide, Its just ridiculous that they even ask that.


What if the limits are not enough to cover injuries? Should that not be something the claimant would want to know?
Posted by SouthMSReb
Member since Dec 2013
4711 posts
Posted on 7/8/24 at 9:45 am to
quote:

Insurance and attorneys are scams.



Lol @ the insurance part.
Posted by Weekend Warrior79
Member since Aug 2014
20802 posts
Posted on 7/8/24 at 10:40 am to
quote:

What if the limits are not enough to cover injuries? Should that not be something the claimant would want to know?

If the limits are not enough to cover the injuries, are they just going to refuse getting the treatments? If the injuries are legitimate, shouldn’t the focus be on getting the proper medical care to tend to those injuries and if insurance is available then make a demand. If in excess of the policy limits, you get the policy limits and make a decision on what to do about the rest after. If not, you get your demand (assuming legitimate).
Posted by Jdiggy
Member since Nov 2016
736 posts
Posted on 7/8/24 at 2:05 pm to
Your friend should send that document to their insurer, although they probably already have it. Your insurance company will provide all of the information and assign you an attorney. They will provide the limits, there may be a deposition, and then the attorney will settle. You won’t have any say in it. And your and everyone else’s rates in the state will go up. Thanks for paying those premiums so the LSU fighting tigers can claim another title brought to you by the billboard law offices douchebag and douchebag.
Posted by Jdiggy
Member since Nov 2016
736 posts
Posted on 7/8/24 at 2:18 pm to
Do you have any children? If you do, imagine them coming to you and telling you that they don’t think you are responsible enough to handle their own money. What would you say to them?
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