excess damages

Damages awarded to an insured — beyond the coverage provided by an insurance policy — because the insurer did not settle the claim within policy limits.

• If the insurer acted in bad faith in not settling, the insured may have a claim to recover the excess damages from the insurer.

— Also termed excess-liability damages. [Cases: Insurance 3350. C.J.S. Insurance §§ 1160–1163, 1342.]

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