There is a cause of action for abuse of process, but I highly doubt that you would have a case here since she has a potential cause of action.Her lawyers just may have overstated damages, but that is the safest thing for lawyers to do in complaints and is allowed. The idea is that it's better to ask for more than not enough. A complaint is like wishing out loud for the moon the stars and the sun. Wishing out loud is one thing, but getting everything you ask for in a lawsuit is something very different. Ok, now you didn't ask, but I'm going to address your concerns about liability beyond the limits of your policy, which is stressing you out. If what you described is true, it's not likely there will be a judgment beyond the limits of the policy. Ask your defense lawyer for his or her opinion. Most defense lawyers have a good grip on the amount involved in settlements and judgments for a case like your husband's case. Listen to what he or she has to say about that. My guess is that they will tell you that you really don't have anything to worry about. However, there is a cheap easy way to legally protect yourself from liability beyond the limits of your policy. The defense lawyer who the insurance company hired should have told you that you can get your own lawyer to protect your interests in that regard. But, you'd have to hire one at your expense and that can be costly. The cheapest, easiest way, that few people know about, for you to protect yourself from liability beyond the limits of your policy, is for your husband to tell the insurance company, in writing, to settle the claim within the limits of the policy. When you do that, if the insurance company does not settle within the limits and you get hit with a judgment in excess of the limits, the insurance company has to eat it, literally.
Answered on Jan 24th, 2013 at 12:12 PM