VERDICT IS IN: Woman Distracted by Cell phone, kills woman & brain injury for Fiance

[HKI]

Has the defense attorney hired by the insurance company and paid by the insurance company consulted with the insured regarding what the insured considers to be a reasonable settlement?

If it is an automobile case and the insured is the "average Joe," the answer is more likely than not "no." I'd go so far as to predict that most of those attorneys don't even cc the insured on communications to the insurer.

If the insured is a business, my answer would more likely than not be a "yes."

And, FWIW, unless the insured assumes some risk in the face of a loss or claim, the insured cedes any control over how the case is defended and/or resolved.

In my experience, more insureds are disgusted by the amount that the insurer is willing to settle a case for as opposed to feeling that the insurer is being too stingy.

As for your other points, I've experience no shortage of situations where I've candidly shared what I feel a reasonable settlement value is and what I think that I could get to settle a case while telling the other lawyer that his/her demand is outrageous and making it difficult to get the case resolved.

I've had more insurers/clients suggest mediation in an effort to get cases resolved more quickly than plaintiff's lawyers suggesting mediation.

This post proves my point, imo. "Hired by the insurance company and paid by the insurance company," stances like this are exactly why bad faith lawsuits are becoming more popular. Your interest is to save the insurer money, not pay what they are liable for or what is "reasonable". And you agree, they haven't even likely talked to their client about what they believe is reasonable. I'll bet you also agree that the plaintiff's attorney has discussed, in detail, the value of their case and what is reasonable. I'd agree on a business, they probably do discuss with them, especially so if they have in house counsel as well. Good for you, I don't doubt you are good at what you do. Unfortunately, and you probably secretly, if not openly, agree that there are a lot, capital LOT, of insurance defense lawyers (especially in personal injury) that will do whatever it takes against anybody's interest, to settle low, and keep the payments from the insurer flowing. Does that mean there aren't greedy tort lawyers? Of course there are, and they aren't all out for the best interests of their clients. Lastly, I'm not surprised you'd like mediation with the stance that "I'm not offering anything reasonable if they won't", my kids do the same thing, and only with my mediation due to stop being numbskulls.