When you work for an insurance company and your insured is facing certain liability in excess of policy limits, good faith and fair dealing will almost always require not only that you decide to settle for your company's policy limits, but that you affirmatively act to try to make it happen.
Follow up, or the Court may write a published opinion if you did not follow up, that the bad faith case against your company is going to a Jury to decide because you did not follow up, as in Diperna v. GEICO General Insurance Co., 2013 WL 6050759 *8, *10 (M.D. Fla. November 15, 2013) (denying both sides' motions for summary judgment; pointing out that claims representative's "failure to follow up raises the issue of whether GEICO could have reasonably settled the claim if it had merely followed up with [the claimant's attorney] and whether this was something that a reasonably prudent person, faced with the prospect of paying the total recovery, would have done"; and writing without qualifying the observation later in the same opinion, that the claims representative in that case "failed to follow up with [the claimant's attorney] with respect to his settlement offer at all.").
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