Thursday, January 26, 2012

Interinsurance Exhange of the

Automobile Team

truck Commercial Method

Bakersfield, CA 93309

RE: The Client Rogelio Garcia

Your Covered: Sofia Rodriguez

State No: 010532738

D/L: 09/22/2011

Dear Ms. Foster:

Reference was created to our notification of March 7, 2011, requesting the policy limits of your insureds liability policy. Unfortunately, you may have refused to produce this information proclaiming that your insured is not going to authorize the Auto Club to disclose his policy limitations. You should be aware fo the fact that depending on the policy limit, there exists good reason to believe this matter can be solved due to the seriousness of our customer's injuries. Basically, if your covered by insurance has bare minimum limits or perhaps limits below $100, 500. 00 per head, then it is extremely likely the situation will negotiate.

In determining whether to disclose the bounds of your insured's policy, We direct the attention to the truth of Boicourt vs . Amex Assurance Company., 78 CA 4th 1390, copy fastened. In this case the insurer declined to disclose the policy restrictions of their insured just before a formal require was made. Because the Courtroom held on-page 2 with the opinion, copy attached, " The insurer's refusal to disclose (or in California, the refusal to give the insured the choice of disclosing) coverage limits might have foreclosed a possible negotiation of the root claim within those limitations. ” While the Court stated, a refusal to disclose limits prior to a complaint being filed creates a conflict of interest involving the liability insurance provider and its insured's. In declining to give the covered by insurance the option of revealing policy limits and thus settling the matter inside those restrictions, gives rise to potential bad beliefs on the part of the insurer with respect to its covered by insurance. To avoid this kind of possibility, Mr. Garcia is requesting that limits end up being disclosed now, with a view toward early negotiation of the 3rd party claim.

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