When The Number of Claimants and Severity of Injuries Exceed Insurance Coverage
Thinking Big: Attorney Justin Myers explains what happens when the number of claimants and the severity of their injuries exceeds the total coverage policy in an accident.
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So, yeah, I had one really interesting case a few months back in which I received what’s called a global tender. That’s when the number of claimants and the severity of the injuries of those claimants exceeds the total coverage policy. So, it often happens in an easy example, whether it’s four more claimants to a motor vehicle accident, and the coverage is a total of 300,000, which is a common policy in New York State. In that case, the defendant carrier surrenders its entire 300,000 to the number of claimants, however many there are, and then it’s actually up to the plaintiff’s attorneys to negotiate with each other to break up that pot of money equally.