I have a defendant refusing to disclose what the remainder is in a drawdown insurance policy. They disclosed months ago that the coverage was $4mil, and I demanded limits as this is a traumatic brain injury case. The current offer from defendant is 1.8 mil, but I won’t settle until know how much is left in policy. This case has dragged on for so long &the plaintiff is getting sicker by the day, his wife is growing old, etc. Anyone know of law that refusal to disclose = bad faith?

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To clarify - I’m in MA and by law they have to disclose the coverage limit m which they did. I’m specially asking about the remainder in a draw down policy. Trying to argue that in a drawdown, the remainder IS the limit and so refusal to update 2 years into litigation what the number is = bad faith. But can’t find law anywhere directly on point.

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Clever.

That’s a smart argument. I don’t know the answer though lol. What does the bad faith relate to?

Refusal to open the door to reasonable negotiations, unreasonable delay of settlement (i.e., I might be willing to settle at 1.8 if I knew that the policy was down to 1.9, not going to trial over 100k here).

Your bad faith case is contingent on you getting a verdict above policy and securing an assignment from the defendant against his/her carrier in exchange for non-enforcement. Nothing you can do before that happens.

If you’ve demanded limits, and they have not offered limits (minus the drawdown), you technically have an open policy. If your case is worth more than $4M, go to trial and get a judgment. Stop negotiating with clowns.

Then don’t take the policy. Try the case. I call this the “play stupid games, win stupid prizes” strategy. You do this enough and you’ll get a reputation for not f****** around.

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