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The question is not altogether clear, but it seems to relate to the insurance concept of "subrogation".

This is an equitable process by which. when an insurance company pays the claim of its own insured, it "inherits" the right to pursue the wrongdoer (presumably, you) to collect back what it paid.

If the wrongdoer had some liability insurance, but not enough to cover 100% of the other insurer's claim, it still has the obligation to try to settle the claim "within policy limits" (meaning, to compromise the claim), if it is possible to do so so that you are not exposed to personal liability for the excess.

Keep in mind that if you deny fault for the occurrence, your liability insurer normally still has the right to pay and to settle the claim as the insurance policy notmally gives the insurer the right to "control the defense".

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Q: Can car insurance company sue you for not enough property damge insurance in louisiana?
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