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Stowers demand

A bad miss on this issue can leave an injured person underpaid and a policyholder personally exposed for a judgment far above the insurance limits. A Stowers demand is a settlement demand made within an insured person's policy limits that is clear, reasonable, and gives the insurance company a fair chance to settle. If the insurer rejects it when liability is reasonably clear and a larger verdict follows, the carrier may face liability for the amount above the policy limits under the duty to settle or bad faith rules.

The idea comes from Texas law, where the doctrine takes its name from G.A. Stowers Furniture Co. v. American Indemnity Co. It is not a standard Oregon term of art, but the underlying issue matters in Oregon too: whether an insurer unreasonably refused a chance to protect its insured from an excess judgment. A well-written demand usually sets a deadline, states the amount sought, explains why liability is strong, and includes enough records or facts for the carrier to evaluate the claim.

For an injury claim, this can change settlement leverage. If the insurer mishandles a valid demand, the dispute may expand beyond the original policy limits and involve insurance bad faith or an excess judgment. In Oregon, fault allocation also matters: under the state's modified comparative fault rule, a person found 51% or more at fault cannot recover damages, which directly affects whether a settlement demand is truly reasonable.

by Derek Thompson on 2026-03-22

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