Disclosure is a legal requirement. An insurer is required to reveal the coverage and limits of an insurance policy within 30 days of a claimant’s written request.
Are insurance policies confidential?
The existence and conditions of this policy will be kept confidential between the insured and will not be published, divulged, or otherwise communicated unless the insured is obliged to do so by a court order.
Does an insurance company have to disclose policy limits in Florida?
No, in the vast majority of cases. It depends on the liability insurance and the adjuster in charge of the claim. However, unless the claimant specifically requests it in writing, the insurance company is unlikely to provide the policy limits to the claimant.
Without a written request, insurance companies are more likely to disclose the injured person’s attorney the BIL restrictions.
However, this is not always the case.
Many insurance adjusters have refused to give me the BIL limitations until I send them an email or a letter saying that I am the injured person’s attorney.
This has been done by adjusters from Progressive, GEICO, and other firms.
If I’ve worked with a certain insurance adjuster before, they’re more likely to tell me the policy limits without forcing me to send an email or write a letter.
Does you have to disclose policy limits in California?
Consider the fact that most California drivers carry the bare minimum of insurance. In over half of all accidents, the minimum limits are barely adequate. That is why it is critical to determine whether the at-fault motorist has those low limits as soon as possible. A thoughtful accident victim will examine 1) if his Underinsured Motorist limits will apply; and 2) whether medical treatment and property damage repair should be minimized as quickly as possible. In California, it is common procedure for an insurer to issue a written request to its insured requesting permission to reveal limits information.
Insureds grant consent on a case-by-case basis. Whether or not to provide such permission is a hot issue and question that we frequently see on social media sites. My advise is always the same: reveal the details. It could help you avoid a lawsuit.
Insurers have historically approached the problem from the wrong direction. The insurers say that if a claimant learns that the at-fault driver’s policy limitations are high, he will unnecessarily undergo costly and unnecessary medical treatment in order to maximize his payment. Back in the 1980s, the battle over policy limit disclosure was highly disputed and litigated, with a final decision that practically everyone (almost) follows. Griffith v. State Farm Mut. Auto. Insurance Co., 230 Cal.App.3d 59 (1991).
Griffith, in my opinion, unilaterally brokered a feasible solution based on faulty reasoning, as will be explained more clearly below. Here’s a quick rundown of the Griffith case. An injured victim is not entitled to the adverse driver’s insurance information prior to filing a lawsuitunless the adverse driver chooses to release the information. The insurer is required to provide the information when a lawsuit is filed, and approval from the insured is not required. The court reasoned that the insured’s right to privacy exceeded the victim’s right to know until the lawsuit was filed:
“Similarly, once a lawsuit has been filed, demonstrating that a serious claim is being asserted against the insured, courts have recognized that an adverse party has a ” ‘discoverable interest’ in liability insurance that arises with the’very pendency’ of the action against the assured; that therefore, the existence and policy limits of the liability insurance are relevant to the subject matter involved in the personal injury action….” (Laddon v. Superior Court, supra, 167 Cal.App.2d 391, 334 P.2d 638; Pettie v. Superior Court, supra, 178 Cal.App.2d at p. 683, 3 Cal.Rptr. 267, emphasis added.) The courts have recognized that disclosing the material will aid in the resolution of the ongoing dispute. (Pettie v. Superior Court, supra, 178 Cal.App.2d at p. 689, 3 Cal.Rptr. 267; Pettie v. Superior Court, supra, 178 Cal.App.2d at p. 689, 3 Cal.Rptr. 267.) This right to know, on the other hand, develops during the pendency of the case.” (See Griffith, pp. 6970.)
I would argue that the “very pendency” of a legitimate claim should be the trigger, especially in a place where “underinsured” motorists are rampant.
Ironically, State Farm is involved in the lawsuit deciding claimants’ absolute right to seek such information from the adverse insurer. Contrary to Griffith vs. State Farm, my recent experience with State Farm has shown that the business would not voluntarily provide policy limits information even after a lawsuit is filed!
In reality, an insurer’s refusal to voluntarily reveal policy limits information has no bearing on how we handle situations. If an insured refuses to allow its insurer to divulge policy limits, we send a letter to the insurer stating that if the insured does not cooperate, we will bring suit immediately, and the insurer is required by law (Griffith) to release the information with or without their cooperation. What’s more, guess what? They always reveal!
In the case of State Farm, I will seek a judicial ruling that its actions are illegal at the earliest opportunity! If you have any issues concerning the insurance limits of the negligent motorist, I recommend speaking with a competent personal injury attorney who will not take “no” for an answer!
Should I disclose my auto insurance limits?
When requested, you should disclose the limitations of your insurance coverage for a variety of reasons. First and foremost, it has the potential to avoid the entire legal process, saving you both time and money. Similarly, because your insurance policy limit is an important factor in determining the value of a personal injury lawsuit, reporting it enables constructive settlement discussions. Furthermore, it may deter the victim from requesting more than the policy maximum.
When asked for the insurance limitations, our recommendation to clients at Petro Accident and Injury Attorneys is to release them. It’s far easier to hand over the information now than to wait until you’re sued to do so. After all, why wouldn’t you reveal your policy limit if it aids in the resolution of the matter? Regardless of what your insurance adjuster says, it is usually in your best interest as the policyholder to release the information. However, we recommend that you hire an experienced personal injury attorney to represent you and guide you through the claims process.
Call Mark Petro of Petro Accident and Injury Attorneys
Mark Petro has established a reputation for getting personal injury lawsuits handled in a way that optimizes the amount of recovery so that you get what you deserve as quickly as possible. For a free consultation about your situation, contact Mark Petro of Petro Accident and Injury Attorneys. Let us go to war for you!
What is a policy limit demand?
In a personal injury case, a ‘policy limit demand’ asks the insurance company to pay the full policy limits or jeopardize their insured’s financial stability.
Are policy documents confidential?
Any document, discovery, invention, improvement, patent specification, formulations, plans, ideas, books, accounts, data, reports, drafts of all kinds of documents, correspondence, client information, lists and files, decisions, and information about others are examples of secret information.
What is a confidential communications request?
A request for limited disclosures of personal patient information to third parties, such as the insurance plan holder, is known as a confidential communication request. When responding to such inquiries, health insurance providers must comply with federal requirements.
Is Home Insurance confidential?
Home insurance claims are, in fact, public information. Insurance companies have no right to provide information to unconnected parties unless it is required by law. F.A.C.T. The Fair and Accurate Credit Transactions Act allows each policyholder to request a free copy of their insurance policy once a year.
Do I have to release my policy limits?
An insurer is required to reveal the coverage and limits of an insurance policy within 30 days of a claimant’s written request.