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When a seriously injured person is injured by a person with a policy  providing minimal limits the plaintiff\'s lawyer will invariably attempt  to set up the insurer for a bad faith case by making a policy limits  demand with a short period of time to respond. 

In David Grant Orndorff  v. Erie Insurance Exchange, No. 1318-2021, Court of Special Appeals of  Maryland (November 21, 2022) Mr. Orndorff had a leg amputated as a  result of an accident and sought to set up Erie Insurance, the other  driver\'s insurer.  David Grant Orndorff ("Mr. Orndorff") was seriously injured when the  motorcycle he was riding struck another vehicle attempting to make a  left turn. The driver was insured by Erie Insurance Exchange ("Erie")  under a policy with a liability coverage limit of $30,000. Five months  after the accident, Mr. Orndorff rejected Erie\'s offer of its insured\'s  policy limits in full settlement of his claims against the insured. Two  years later, when Mr. Orndorff sued Erie for bad faith in failing to  settle sooner, the Circuit Court for Prince George\'s County granted  summary judgment to Erie.  

BACKGROUND

Erie then assigned a claims adjuster who began a thorough investigation  of the claim the next day.  Maryland has not adopted comparative negligence. If an injured person  contributes to the accident - for example by speeding - he or she cannot  recover anything because of his or her contributory negligence.  On November 8, 2016, thirty-four days after the accident, Mr. Orndorff  demanded that Erie settle his claim" . . . for the full insurance  policy, or any and all insurance policy or policies covering your  insured for this accident." Mr. Orndorff (perhaps as part of a plan) did  not supply any of the requested documents or description of his  injuries that Erie said were necessary to determine liability and settle  the claim. Mr. Orndorff indicated he would release Erie\'s insured from  liability if Erie delivered a check no later than 5 p.m. EST on December  8, 2016.  Mr. Orndorff\'s Motor Tort Complaint  On January 9, 2017, Mr. Orndorff sued Erie\'s insured in the Circuit  Court for Prince George\'s County and later served Erie\'s insured. On  January 30, 2017, Mr. Orndorff\'s counsel emailed the claims adjuster  that all prior settlement offers were withdrawn and that its insured had  been served.  On March 17, 2017, Erie, through the attorney assigned to represent its  insured in the motor tort suit, offered to settle Mr. Orndorff\'s claim  for the full limit of the insured\'s policy. On April 26, 2017, having  not heard from Mr. Orndorff, Erie reiterated its policy limits offer to  Mr. Orndorff.  The Liability-Only Trial Aftermath  On October 27, 2017, Erie again offered its insured\'s policy limits to  settle Mr. Orndorff\'s claim against Erie\'s insured. Mr. Orndorff did not  accept this offer.  Before the trial on damages Plaintiff\'s counsel notified the circuit  court that they had settled Mr. Orndorff\'s claim with the entry of  consent judgment against Erie\'s insured for $2,870,000.  

Orndorff v. Erie Insurance Exchange (This Case)