QUESTION

Can an insurance company be liable for the actions of their insured beyond the scope of the policy?

Asked on Jan 28th, 2020 on Contracts - Wisconsin
More details to this question:
Roofers destroyed our home by not covering it and it flooded. I feel like their insurance company is bending over backwards to fulfill every request I have made for small financial reimbursements and seem very anxious to get the claim done and over with.
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1 ANSWER

Appellate Practice Attorney serving New York, NY
Not for the acts of its INSURED, but it can potentially liable beyond the policy for its own actions in refusing to settle in bad faith.  The insurance company has no obligation to third parties; its obligation is to its insured pursuant to the insurance contract.  If the insurance company's wrongful acts damage its insured, it can be liable beyond the policy limits.   For example, if there is a $100,000 policy in place and a covered accident causing $1 million in damages occurs, the insurance company's liability is $100,000.  But if the injured party offers to settle for $100,000 and the insurance company refuses to settle, and the injured party eventually gets a judgment against the insured for $1 million because the insurance company refused in bad faith to settle the case for $100,000, it could be liable to its insured for the $900,000 difference.
Answered on Jan 29th, 2020 at 6:38 AM

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