Insurance,
Civil Litigation
May 7, 2025
Is the policy open or not? The role of 'reasonableness' in settlement dealings
Whether an insurance carrier is on the hook for damages beyond policy limits requires a close analysis of fact patterns, case law and statute.
Anthony Khoury
Neutral
Alternative Resolution Centers
Employment, business litigation, family law
Phone: (805) 267-1115
Email: ask@askmeaboutmediation.com
Washington University, St. Louis
When I mediate personal injury cases, the issue about which
parties seem to disagree the most vehemently is whether the defendant's
insurance policy is 'open' - making the insurance carrier responsible for all
damages, even those that exceed policy limits. In almost every case, the
insurance carrier believes that the policy is firmly closed, leaving the
defendant on the hook for anything beyond the policy limits.
$95
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In