Adjuster sends you release for $29,000.00, but previously said policy limits were $25,000.00, are you signing the release for $29,000.00 and expecting $29,000.00? What are you doing if the adjuster tries to back out?

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If you negotiated for $25k and they sent you a release with a typo… it’s not malpractice to advise your adversary of a scrivener’s error.

A plaintiff’s counsel once sent me a draft release for 20% less than we negotiated. I called him all the same, because my fellow members of the bar do not deserve a malpractice suit and a grievance complaint over a mere typographical error.

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Review the declarations page. If the limits are $25,000, and y’all agreed to settle for $25,000, resolve the case, and move on with your life. Make sure the adjuster knows you’re deciding not to blow this out of proportion. Good things will happen to you in the future. On to the next case and making other clients happy!

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It’s been litigated in the past and the insurer owns it for 29k.

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It’s an adjuster and it’s pre litigation, no attorney is involved, if that changes anything for you

If you sent a policy limit demand and they agreed to tender the limit, then they need to send you a copy of the declaration page that shows the limit. What does the dec page show?

You should let the adjuster know either way, but if there’s proof that PL is higher than 25k, then the PL is what needs to be paid.

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