Excess Judgment
A court judgment against an insured person that exceeds their insurance policy limits, leaving them personally responsible for the amount above their coverage. This occurs when damages awarded in a lawsuit are greater than the maximum amount the insurance policy will pay.
Example
“The jury awarded $800,000 in damages, but since Mark's liability policy only covered $300,000, he faced a $500,000 excess judgment that he had to pay from his personal assets.”
Memory Tip
Think 'EXcess = EXpensive surprise' - it's the expensive amount beyond your insurance that you must pay yourself.
Why It Matters
An excess judgment can be financially devastating, potentially forcing you to liquidate savings, sell property, or even file for bankruptcy. Understanding this risk helps you choose adequate insurance limits and consider additional umbrella coverage to protect your assets.
Common Misconception
Many people believe their insurance company will negotiate settlements to avoid excess judgments on their behalf, but insurers primarily protect their own interests up to policy limits. Once a judgment exceeds your coverage, you're largely on your own to handle the excess amount.
In Practice
Lisa's dog bit a child, resulting in medical bills and permanent scarring. Despite Lisa's homeowner's insurance company providing legal defense, the jury awarded $450,000 in damages. Her policy only covered $300,000, leaving her with a $150,000 excess judgment. She had to take out a home equity loan and liquidate her retirement savings to pay the excess amount, which could have been avoided with a $300 annual umbrella policy.
Etymology
Combines 'excess' meaning 'beyond the limit' with 'judgment,' the legal term for a court's final decision in a lawsuit, literally meaning a court decision beyond insurance limits.
Common Misspellings
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Related Terms
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See Also
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