Car Accidents
Releasing an Insured Tortfeasor from Liability Without Prior Assignment In Your Palm Beach County Accident Case
If the plaintiff releases the insured torfeasor from all liability or executes a satisfcation of the underlying excess judgment without an assignment, then the plaintiff will be barred from bringing a bad faith action. Usually the plainitff's attorney will have an insured tortfeasorexecute an assigment agreement of bad faith agaisnt the insurer prior to releasing the tortfeasor from liability. Bad faith acrrues when the insurer fails to satisfy its obligations to the insured and thereby breaches it duty resulting in a judgment in excess of the policy limits.If you have been in a Palm Beach County car accident, before you sign anything, contact an experienced auto accident attorney. In Florida, the injured party's bad faith claim is not separate form the tortfeasor's, so releasing the tortfeasor from all liabilty without assignment will bar you from pursuing the bad faith claim agaisnt the insurer.
All material contained in this site is for informational purposes only and is not meant to take the place of a licensed lawyer. Attempting to use this material to help yourself may result in irreparable harm to your case. Please consult a License Florida lawyer for help. Examples including case law, rules of procedure and satutory law are for demonstrative purposes and may not be Florida Specific. No attorney client relationship is formed unless we accept your case and you sign a contract.
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