Note: Please do not suggest I contact an attorney or seek…

Second Opinion] [Second Opinion] Note: Please do not suggest I contact an attorney or seek legal advice. Obviously if that was working or was an option I would be doing that and not be on this site; so please do not send generic answers and provide information that is related to Kansas law, where my claims are currently in litigation. Thank you. I am in litigation with my insurance company over wrongfully denied insurance claims related to property theft, damage from a storm, etc. My Insurer filed a suit against me where they have made claims which I have listed below: My insurer claims I have “engaged in a persistent pattern of threatening, harassing and abusive behavior towards representatives of the insurer in an effort to obtain coverage for his claims.” They go on to state “the repeated behavior has caused and continues to cause great emotional distress to several Insurer representatives, and force Insurer to spend an inordinate amount of time dealing with his incessant and repetitive emails, phone calls, calendar invites and demands to the exclusion of their other customer and their claims. Unless insured is enjoined from engaging in this pattern, Insurer will suffer and continue to suffer immediate and irreparable harm in the form of the loss of staff, its business relations with its other customers and the resulting loss of present and future revenue. Monetary damages alone do not constitute an adequate remedy.” Given the nature of the claims they have made, I filed a claim with my insurer as I have coverage when a claim is made against me in which I may be liable. My coverage includes: “SECTION II – LIABILITY COVERAGES A. Coverage E – Personal Liability: If a claim is made or a suit is brought against an "insured" for damages because of "bodily injury" or "property damage" caused by an "occurrence" to which this coverage applies, we will: 1. Pay up to our limit of liability for the damages for which an "insured" is legally liable. Damages include prejudgment interest awarded against an "insured"; and 2. Provide a defense at our expense by counsel of our choice, even if the suit is groundless, false or fraudulent. We may investigate and settle any claim or suit that we decide is appropriate. Our duty to settle or defend ends when our limit of liability for the "occurrence" has been exhausted by payment of a judgment or settlement. "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions, which results, during the policy period, in: a. "Bodily injury"; or b. "Property damage". "Bodily injury" means bodily harm, sickness or disease, including required care, loss of services and death that results. "Property damage" means physical injury to, destruction of, or loss of use of tangible property. SECTION I – PROPERTY COVERAGES A. Coverage C – Personal Property 3. Special Limits Of Liability a. The special limit for each category shown below is the total limit for each loss for all property in that category. These special limits do not increase the Coverage C limit of liability. i. $200 on money, bank notes, bullion, gold other than goldware, silver other than silverware, platinum other than platinum ware, coins, medals, scrip, stored value cards and smart cards.” Given my insurer claims has claimed I have “engaged in a persistent pattern of threatening, harassing and abusive behavior towards representatives of the insurer in an effort to obtain coverage for his claims” (the occurrence), that they have suffered property damage in the way of loss of future and present revenue (property damage – money is listed as a tangible asset, thus loss of revenue would be considered property damage), and they have suffered “great emotional distress “ Bodily injury); my insurer has a duty to defend me in a suit that was made against me in which I could potentially become liable; for which they denied my claims and have failed to perform their duty by providing me a defense. Given they have violated their duty to defend, I submitted to the court a declaratory judgement seeking the Judge issue an order stating that my insurer had a duty to defend and failed to do so, showing they have breached the contract, failed to provide a defense when required, and now have become liable for extra-contractual damages. Now to my question – my motion for declaratory judgement was taken under advisement by the judge on March 3rd, and she still hasn’t decided. Should I (or do I) need to issue to my Insurer via their attorney a demand or request for the policy limits during this time in order to secure notice of my demand for if/when the judge declares for the duty to defend, in order to get my insurer to pay the policy limits (100,000) vs continuing with litigation for that individual claim where liability could be higher since they failed to provide a defense for me in this suit. Thanks.