A Policy Limit Demand is utilized when damages in an insurance claim likely exceed the available policy limits. This document serves as a critical tool in U.S. insurance litigation, particularly when seeking to establish a basis for a potential bad faith claim against an insurer. The demand typically includes detailed documentation of damages, clear liability analysis, and a time-sensitive settlement offer. It's particularly relevant in personal injury cases, auto accidents, and other significant insurance claims where damages meet or exceed policy limits.
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1. Claim Information: Policy number, date of loss, and claim reference details
2. Liability Analysis: Clear statement of why the insured is liable, including reference to applicable laws and evidence
3. Damages Summary: Detailed breakdown of all damages claimed, including medical expenses, lost wages, and other compensable losses
4. Policy Limits Reference: Specific reference to applicable policy limits and coverage details
5. Settlement Demand: Clear statement of demand for policy limits with specific amount
6. Time Limit: Specific deadline for response to the demand with consequences of non-response
1. Bad Faith Warning: Warning about potential bad faith claim if demand is rejected when liability is clear and damages exceed limits
2. Subrogation Details: Information about any subrogation claims when third-party payment sources are involved
3. Liens Discussion: Information about any liens on the claim when medical liens or other encumbrances exist
1. Medical Records: Relevant medical documentation supporting injury claims
2. Medical Bills: Itemized medical expenses and bills
3. Wage Loss Documentation: Evidence of lost wages or income, including employer statements and pay stubs
4. Photographs: Visual evidence of damages or injuries
5. Expert Reports: Any relevant expert opinions or evaluations supporting the claim
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