Recently we have seen a trend towards intolerance by the Courts of insurers’ tactics. In the case of Persampieri v. Hobbs et al., an 84 year old plaintiff brought an action for injuries as a result of being rear-ended in a motor vehicle collision. The Defendant admitted liability but had explained that this claim was in the Insurer’s Defensible Program and that the only offer to settle would be $0.00. The decision of the Defendant to not engage in meaningful settlement negotiations forced the plaintiff to proceed to Trial by Jury.
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