Somersall v Scottish & York
This question is beyond the scope of this exam, but I am curious about one thing.
Hypothetically, say the limit agreement was agreed upon to be 200k (instead of the policy limit of 2 million dollars), would that have any effects on the ruling? Does the presence of SEF44 matter or this is applicable to the main coverage without the SEF44 too?
Comments
Hi,
Tbh this is more of a law issue and I wouldn't be able to answer beyond what's in the papers! But I kind of feel settling for 200K when the policy limit of the tortfeasor is 2M would be prejudiced against the insurer. I think the presence of SEF44 matters as without it the insurer would not have to provide additional coverage to compensate for the underinsurance of the tortfeasor