Personal Injury Question--Texas Jurisdiction Please pass on if unfamiliar with Texas subrogation and consent to sue, consent to settle. Narrative: Hit by an at fault driver, and the insurance carrier is trying to settle property and personal injury. The at fault driver caused fatality but was insured for $30,000 limit Investigating assests of the at fault driver, umbrella coverages, driving personal vehicle for company, etc etc. Investigating product liabiltiy under strict liability and failure to warn. There are four other policies outstanding where the non fault driver was listed as insured. Will stacked these policies under the UIM coverage? Question 1 Should I go ahead and make a demand for the policy limits of the UIM coverages before a suit that determines the judgment amount given that it was a fatality and the at fault driver was carrying 30,000? Question 2: Do I need to get consent to settle from all the insurances concerning UIM just for settling the claim against the at fault driver or for settling with all the other insurances? Question 3: How should I word the consent to settle with the at fault carrier without relieving the at fault driver of the personal injury suit that will be filed later after forensics, investigation, etc. In other words preclude settling now from being a dismisal with prejudice. (Should There should be some language in the settlement that operates to stop the at fault driver from later saying that their liability was settled?) Question 4 The Texas Law has changed and now says that their can be no bad faith if there is no judgment of damages. So, if the UIM carriers refuse, I have to get a judgment. The concept suggested is go get a declaratory judgment and it will offer attorney fees (not guaranteed) and then pursue the make demand on the UIM claims. Question 5: Is there a nuance in that the 30,000 is so minimum on a fatality and wrongful death that the insurance company will inherently be considered operating in bad faith given that an average claim is 2-3 million in Texas? Please suggest any nuances or opinion on the above scenario and procedure.
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