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Questions and Answers
What is a "time-limited demand" according to CCP §999?
What is a "time-limited demand" according to CCP §999?
- A request for more time in filing a complaint
- An offer to settle a claim made by a claimant to a tortfeasor prior to the filing of the complaint (correct)
- A demand for immediate payment of damages
- A directive to extend the statute of limitations
What are "extracontractual damages" under CCP §999?
What are "extracontractual damages" under CCP §999?
- Damages included in a liability insurance policy
- Damages exceeding the total available limit of liability insurance (correct)
- Damages limited to contractual terms
- Damages calculated based on the contract date
According to CCP §999.1, which one of these terms must a "time-limited demand" contain or abide by?
According to CCP §999.1, which one of these terms must a "time-limited demand" contain or abide by?
- A demand for unlimited damages
- An admission of liability by the Defendant
- No specific terms are required
- A minimum acceptance period of 30 days (correct)
How should a demand be labeled according to CCP §999.1?
How should a demand be labeled according to CCP §999.1?
Where must the demand be sent according to CCP §999.2?
Where must the demand be sent according to CCP §999.2?
What does CCP §999.3 state about requests for clarification or additional information during the acceptance period?
What does CCP §999.3 state about requests for clarification or additional information during the acceptance period?
When must an insurer send a rejection according to CCP §999.3?
When must an insurer send a rejection according to CCP §999.3?
What is the consequence of a demand that does not substantially comply with CCP §999.1?
What is the consequence of a demand that does not substantially comply with CCP §999.1?
According to CCP §999.5, to which types of claims does this section apply?
According to CCP §999.5, to which types of claims does this section apply?
You have a Tier 111, Rank A, wrongful death, accepted liability case. Defendant has a $100,000 policy and we sent a policy limit demand with all available information. Defendant’s Insurance ACCEPTS the policy limit demand, but ONE DAY AFTER the expiration date, and they do so via phone call. The adjuster requests an extension to obtain a declaration no course and scope, etc. What do you do?
You have a Tier 111, Rank A, wrongful death, accepted liability case. Defendant has a $100,000 policy and we sent a policy limit demand with all available information. Defendant’s Insurance ACCEPTS the policy limit demand, but ONE DAY AFTER the expiration date, and they do so via phone call. The adjuster requests an extension to obtain a declaration no course and scope, etc. What do you do?