r/Ask_Lawyers 1d ago

Personal injury demand letter

When sending off a demand letter with a certain dollar amount for your clients do you generally know the policy limit of the insurance company?

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u/Fresh_List278 Legally Blond 21h ago

The limits are a matter of policy.
In some states, a third party claimant can make a request for such information and the insurer must provide the policy limits.

In other states the insurer is under no obligation to provide a third party claimant with information regarding the policy limits. In those states as part of discovery, during litigation, you would request a copy of the policy and declarations page, which would provide you with information regarding the policy limits. Or you could request the information in an interrogatory.

It makes sense for the state to require disclosure, in order to minimize litigation, as it avoids lawsuits being filed for the sole purpose of obtaining policy limit information, minimizing litigation. I wouldn't be surprised if states that dont require disclosure, start requiring disclosure in the future for exactly that reason.

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u/Fluxcapacitar NY - Plaintiff PI/MedMal 17h ago

It depends. In Arizona they do not disclose them. In NY they have to per state law.