Consider the following scenario: the Applicant sought $7,000 and also agreed to accept the Respondent’s policy limits. The Respondent asserted its policy limits of $5,000 and included the declarations page showing the limits as claimed. Imagine your liability decision is 80%, which equals an amount of $5,600. This amount is above the Respondent’s asserted limits. How do you enter the award to reflect the reduction to the Respondent’s limits?
In this situation, the automatic award calculator must be turned off, and the figures in the award must be entered manually.
To reduce the award to the Respondent’s limits, navigate to the Award and select Override automatic award calculation. Then, enter the damages to equal the Respondent’s limits, remembering to allocate the deductible if entered by the Applicant.