Assume another party is liable for damages to your property (car, house, etc.). Can that party be successfully sued for the full damages (by an individual) even if such damage may be covered under an insurance policy you have, but choose not to submit a claim to?
A common example is if someone damages your car and you sue the responsible party instead of submitting a claim to your auto insurance.
Anonymously, but still shamefully :), I can admit that I just saw a Judge Judy episode where she ruled that the plantiff, couldn't recover damages from the defendent who damaged her car because she should have recovered the damages from her collission insurance instead. This seems incorrect to me.
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