Opinion 213

Does the insertion of the following paragraph in a Plaintiff's Original Petition constitute a violation of the Canons of Ethics:

"That the following paragraph is not to be read to the jury but is for the knowledge of the Court in that Plaintiff has been at all times previous to the filing of this lawsuit, willing to settle her lawsuit for an amount within the policy limits of Defendant, [    ]. That Plaintiff has contacted the insurance carrier, [    ] Insurance Company, of Defendant, , and offered to settle, after giving said insurance company a full and complete breakdown of the medical bills and medical reports on Plaintiff's wife, for the sum of $4,250.65. That Plaintiff made this offer on June 26, 1958, to Mr. [    ], [    ] Insurance Company, [    ] Texas. That said adjustor for defendant's insurance company refused to acknowledge this offer or attempt to settle the case in any manner. Plaintiff requests the court to instruct the defendant's attorney, representing Mr. [    ], that for his protection he must make demand in writing upon his insurance carrier to settle the case within the policy limits to protect himself for the amounts that will be, or could be awarded over the policy limits of his insurance policy. That should he not make such demand and the jury award an amount over said policy limits, that then defendant would not have the protection of his insurance policy for said excess amounts. Plaintiff has at all times been willing to settle said lawsuit and would still be willing to settle said lawsuit within the policy limits should the insurance carrier representing Mr. contact Plaintiff's attorney within a reasonable period of time after the filing of this lawsuit.?"