by winburnlawInsurance Policy Limits
Every insurance policy has an insurance limit that states the maximum amount of money the insurance company will pay on a claim. The lawyers and their clients know what it is although it is rarely something that can be explained to a jury if a trial is required. Juries are usually not allowed to be told whether insurance even exists.
Since most cases settle without a trial, it is extremely uncommon for a person’s personal assets to be at risk if a trial takes place. Very few people have the resources to pay verdicts and besides, that is why they have insurance. If a jury award exceeds the limits of an insurance policy our office can sometimes make a bad faith claim against the insurance company since they would have had an opportunity to settle within the policy limits. Instead, they gambled with their insured’s money with the hope that a jury would allow them to pay less so that they would save money. When they have an opportunity to settle and protect their insured’s assets but end up with a verdict that exceeds the policy limits, the argument can be made that they have been negligent in their handling of the matter to the detriment of their insured.
As a result, after an assignment of rights by the insured to the plaintiff, the plaintiff can actually sue the defendant’s insurance company to recover the excess of any verdict. This is known as a “bad faith” claim. However, it is uncommon for a verdict to exceed an insurance company’s policy limits. Generally the plaintiff’s lawyers do not ask the jury for more than they know they are going to be able to actually recover from the case.
We handle cases all over the State of Vermont – in Bennington, Burlington, Brattleboro, Rutland, Woodstock, St. Albans, Montpelier, Manchester, Springfield, the Northeast Kingdom and anywhere else where there is jurisdiction in the State of Vermont. If you have a personal injury problem feel free to contact us.
by winburnlawHow Are State Court Judges Selected In Vermont?
State Superior Court judges are selected from lawyers who complete an application that is submitted to a judicial nominating committee which includes lay people, politicians and some lawyers. This committee makes the determination as to whether an attorney is “qualified” to have their nomination put forward to the governor. Once, the committee determined that only one applicant was “qualified”, leaving the governor with no choice but to select the person whose name has been forwarded but this is very rare. There is no specific definition of what constitutes a “qualified” applicant and is left to the committee’s own determination. Generally, the committee forwards the names of several people for the governor to consider for appointment.
The exception to this process are Probate Judges. Probate Judges are elected and campaign for their posts. Probate Judges are also allowed to be both judges and practicing attorneys and previously did not even have to be licensed to practice law. There are recent changes in the organization of the court system which requires Probate Judges to now be licensed attorneys, but they are still elected.
The Vermont Supreme Court justices go through the same process that Superior Court Judges go through. “Side judges” exist in Vermont and are elected, but their duties in the court system have been greatly restricted in recent years.
We limit our practice to injury cases. If we can be of service, please feel free to contact us at winburnlaw.com or 802-447-0100. We handle cases from Bennington to St. Albans, Vermont, the Northeast Kingdom to Brattleboro and all points in between.