There is a new Allstate commercial out. If you haven't seen it the ad shows a court room scene where the judge imposes a judgment on a young man (the defendant) in the amount of $100,000 after an auto collision. The defendant's attorney turns to the injured person's (plaintiff) attorney to explain that the defendant has only $50,000 in insurance. The plaintiff's attorney replies that the defendant has a college fund that can be used to pay the balance of the judgment, and concerned parents ask their attorney - "can they do that?" The defendants attorney replies that they can.
I am the one that hired the Plaintiffs atty in fact he works for me. The Plaintiff is usually just there to testify and is our insured. The defendants atty is hired by the other insurance co to defend their insured. YES we can do that and will if you don't have enough insurance. Trust me I do it almost every day.