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Stowers demand

Think of a truck stop cashier refusing to take a fair payment that would cover the whole bill, then sticking someone else with a much bigger tab later. That is the basic idea behind a Stowers demand: a formal settlement demand sent to an insurance company that gives it a fair chance to settle a claim within policy limits and avoid exposing its insured to an excess judgment.

Most often associated with Texas law, a Stowers demand is used to set up a possible bad faith claim if the insurer unreasonably refuses to settle. To do that, the demand usually has to be clear, for an amount within the liability limits, and based on facts showing the claim could likely result in a judgment above those limits. If the insurer says no and the injured person later wins more than the policy covers, the insurer may be on the hook for the full amount, not just the policy limit.

In practice, this matters because it puts pressure on the insurer to handle the claim reasonably instead of gambling with its policyholder's money. It can affect negotiations, timing, and whether an injured person later has leverage in a failure to settle or insurance bad faith case.

Ohio does not have a well-known Stowers doctrine by that name. But the same practical issues can still matter in Ohio bad-faith disputes, especially when settlement offers, policy limits, the 2-year personal injury deadline, and Ohio's 51% comparative fault bar shape the insurer's risk.

by Pete Makowski on 2026-03-23

This article is for informational purposes only and is not legal advice. Every case is different. If you or a loved one was injured, talk to an attorney about your situation.

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