Under Rhode Island's unique case law (Assermelly), if an injured party demands the policy limit and the insurance carrier fails to settle within that limit, and the injured party is forced to go to court where the jury awards more than the policy limit, the award stands as the jury determined and the insurance carrier is not protected by the policy limits.
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How Rhode Island Law Impacts Your Car Accident Insurance ClaimAdded:
When dealing with car accidents and policy limits, Rhode Island case law is unique to the entire nation. There's a case called Assermelly that basically says that if a injured person, as a result of a car accident, demands the policy limit and that the insurance carrier does not settle the claim within the policy limit, and the injured parties are forced to go to court and the jury comes back with an award higher than the policy limit, then the award is what the jury says it is, and that the insurance carrier is not protected by the policy limits.
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