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IDS Property Casualty Ins. Co. v. Rusconi CA6
Defendant Robert Rusconi was allegedly injured in an automobile accident. He sued the owner and the driver of the other vehicle. The insurance company for the owner of the vehicle offered to settle Rusconi’s claim for $30,000, which was the policy limit for bodily injury liability. Plaintiff IDS Property Casualty Insurance Company (IDS), which was the separate insurer for the driver, refused Rusconi’s offer to settle for its policy limit of $100,000 for bodily injury liability and instead offered to settle the claim for $70,000, which was the amount of the IDS policy limit minus the policy limit of the other insurance.

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