Originally Posted by
njkayaker
And it's unlikely they would have wasted their time bring the suit if they thought there were no assets.
Therein lies the issue; they admitted if there hadn't been an insurance policy, they wouldn't have sued.
No assets or insurance, no point, unless you think they will have enough at some point, and you're willing to keep checking back from time to time to try and get your judgment enforced at that time.
Assets but no insurance, maybe. The family may be willing to fight hard to keep what they've got.
Assets and insurance, why would the insurance policy make a difference here, unless they think an insurer is more likely to pay without a fight?
IMO, they knew their case was squirrelly from the start, and hoped the insurance company would offer a settlement. At the initial court date, maybe they assumed the insurance company was trying to call their bluff, and were hoping for a last minute offer. Beyond that, it's possible they were concerned that their plan would be too obvious if they dropped it without a settlement once it was time for the judge to take over.