Objective Evaluation of Settlement Demands
An insurer must consider all the evidence. It may not just rely on its insured’s statements while ignoring other contradictory evidence. It must make an independent evaluation based on all available evidence. An insured seldom admits wrongdoing. In most intersection accidents both drivers claim that they were in the intersection legally and both had the green light. Insurers, and their lawyers are well aware of this human tendency. Therefore, the insurer must rely on its own thorough, independent, and unbiased investigation to determine its settlement posture.
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