The vast majority of Cape Cod car accident lawsuits are settled out of court. In most cases, the parties’ respective automobile accident liability insurance companies are part of the settlement process and, consequently, are bound by the terms of the settlement.
Sometimes, however, instances arise in which an insurance company may not be part of the settlement negotiations in a personal injury or wrongful death lawsuit arising from an automobile accident. A recent case explored such a situation and gave instructions for how such matters are to be handled in similar circumstances in the future.
The case at bar differed from the “typical” case in one important respect: one of the primary issues in the underlying litigation was whether the incident giving rise to the suit was an accident or whether it was the result of an intentional act. Importantly, the insurer was not obligated to make certain payments for an intentional act but was obligated to pay for damages arising from an act of negligence.