Muggs
Premiership Player
Oh, there'll be lots of negotiating about quantum which is what we're hearing about now but insurers won't go to court to argue quantum of damages. They would rather settle for a higher amount than incur litigation costs (in fact potential litigation costs are commonly factored into the settlement sum because it represents a saving to both sides.)
Generally agree, and this is what happens the vast majority of times, but not a 100% of the time, there is the odd case that does go to court, or at least proceedings start, over amount.
Come's back to the good old Cost vs Benefit and risk analysis - know of a case where a professional firm was being sued by a client, client was banking on the firms professional indemnity insurance to cave in and settle and made a rather ambient claim. Insurer went to court over the amount after negotiations stalled. Admittedly case was withdrawn before judgement but at a significantly lower amount than being asked for, and lower than what the insurer would have settled for before the court case started, due mainly to legal costs incurred.