Client - Veronica Godinez

Venue - Superior Court for the State of California, in San Diego County, Central Division

Case 37-2019-00018902-CU-IC CTL

Commercial Auto Liability Policy with clear liability and traumatic brain injury with demand to settle within the policy limit, Nationwide refused to make any offer to settle citing insufficient injury information resulting in an excess verdict, claimed bad faith conduct of carrier for an insufficient investigation, evaluation and settlement offers in lawsuit deposition

Client - Hendrix

Venue - United States District Court, Southern District of Mississippi

Civil Action No. 1:21-CV-00253-HSO-RHWR

Home Owners Flood insurance Policy sold by Allstate Agent was Rescinded by FEMA for a 5 year period. As property was built in flood zone and claimed bad faith breach of duty to insure property.

Report, Case Settled

Client - Chelico

Venue - Los Angeles Superior Court for the State of California

Civil Action - 18 TCV 0459

Commercial auto accident with DUI and clear liability, serious injury and offer to settle for Policy limits 6 million, house counsel for carrier failed to properly accept limits within time frame. Bad Faith lawsuit claiming insufficient investigation, evaluation and payment.

Deposition, Case Settled

Client - SETCO Auto Body Shop

Venue - Los Angeles Superior Court for the State of California

Civil Action - 18 TCV 0438

Accidental fire to electrical panel in leased building resulted in a business interruption claim, extra expense and business personal property damages. Farmers paid undisputed funds of $130g under coverages, but only $50,000 in business interruption coverage on an undisputed covered claim. The bad faith lawsuit claimed the carrier conducted an insufficient investigation, unfair evaluation, unreasonably low payment and refusal to pay owed policy benefits properly. 

Report and Deposition, Case Settled

Client - Victor Marquez

Venue - Los Angeles Superior Court for the State of California

Civil Action - 19 STCV 15701

Commercial traffic accident with Truck rolling into passenger vehicle. Clear liability and undisputed coverage of $750,000 single limit. Property damage paid and policy limit demand was not accepted by carrier. Only offers 100g and 200g were not accepted for BI. Jury verdict was $1,683,000. Bad Faith lawsuit claiming the carrier conducted an insufficient investigation, unfair evaluation, unreasonably low payment of benefits lawsuit.

Expert Declaration and Deposition

Client - Ryan McGrath

Venue - Circuit Court Ninth Judicial Orange County, Florida Case- 2014-CV-000163-0

An uninsured motorist claims with clear liability auto accident with undisputed coverage. Allstate insured the tort-feasor and offered policy limits under liability of $10,000 and State Farm provided uninsured motorist coverage of $100,000. Demand for policy limits was not accepted with State Farm offers of $3,000 and then $8,000 rejected by insured. Trial resulted in an excess verdict, resulting bad faith lawsuit claiming the carrier conducted an insufficient investigation, evaluation and payment of policy benefits.

Expert Declaration and Deposition, Case Settled

Client - Lev Hakak

Venue - Superior Court of California, County of Los Angeles, Central District

Case- 21 ST-CV-47417

An uninsured motorist and pedestrian collision with clear liability and undisputed coverage. The primary carrier paid its policy limit $100,000 and then the insured made claim under his multiple policies with AAA with $1,000,000 coverage. Hakak had traumatic brain injury plus other injuries post-accident. Policy mandated arbitration to resolve value dispute. Policy Limit demand was not accepted by AAA. AAA first and only offer was $150,000. AAA argued at arbitration that uninsured claim worth $300,000 and verdict for Policy Limit $1M the maximum allowed in arbitration. Bad faith lawsuit claiming carrier conducted an insufficient investigation, unfair evaluation and unreasonably low payment of policy benefits.

Expert Disclosure, Case Settled

Client - Ann Gillespie-White

Venue - Superior Court, Middletown CT

A first party uninsured motorist claims with no coverage or liability defenses. Breach of contract plus custom and practice in handling of claim in deviation of insurance industry standards lawsuit bought after carrier delayed handling and claimed insufficient investigation, evaluation and withholding owed policy benefits.

Expert Disclosure, Case Settled

Client - Daniel Potter

Venue - United States District Court, Middle District of Florida, Tampa

Case - 8:20-CV-02204

A car accident and a clear liability collision into a motorcycle with coverage. Progressive properly offered its limits to settle. The limits were not accepted and plaintiff filed suit. Suit papers were timely sent to Progressive, but Progressive failed to defend its insured. A default was obtained due to no answer and then a stipulated judgment was induced by Progressive. Suit for claimed bad faith adjustment by the carrier.

Report, Case Settled

Client - Estate of Herrera through his parents

Venue - Superior Court for the State of California, County of Los Angeles

Case - 22-STCV-23930

A DUI car collision with a pedestrian resulted in the death of the pedestrian. GEICO insured the driver and incorrectly extended coverage to the car owner. The car owner had his own car policy, which was attempting to not afford coverage under a Declaratory Lawsuit. GEICO offered its policy limits for the release of both driver and owner. GEICO was then presented a demand to fully release only the driver for its policy limits. GEICO made a counter offer and an excess verdict 6 million resulted. Lawsuit for claimed bad faith handling due to unfair and insufficient investigation into coverage in the claim rejected a reasonable opportunity to settle within Policy.

Report and Deposition, Case Settled

Client - Transamerica Life Insurance Company

Venue - United States District Court in and for Oklahoma 

Case - 5:22-CV-504-C

A man on a motorcycle ran off the road into a tree, resulting in death. His blood was tested and was .18 over the legal limit for OK. The Policy had an exclusion for death caused or contributed by alcohol intoxication. The Carrier denied the claim and resulting in a breach of contract lawsuit with bad faith handling.

Expert Disclosure, Settled

Client - Hawkins Number One

Venue - United States District Court in and for Mississippi

Case - 3:22-CV-00565-HTW-BWR

A commercial building in Jackson, MS roof collapsed under an intense rain storm weight. The Carrier refused to make a decision to accept the claim for delayed reporting and unable to properly investigate the loss. Resulting lawsuit for breach of contract, insufficient investigation, unreasonable refusal to pay or deny claim, arbitrary delay and bad faith handling claimed.

Proof of loss over 7 million on building and 900,000 for debris removal post loss.

Report

Client - Richard Endreszl

Venue - Superior Court for State of California, County of Los Angeles 

Case - 22STCV34802

Personal Auto accident with disputed liability between multiple cars and a rejected policy limit demand to fully protect its insured. Lawsuit for insufficient investigation and unfair unreasonably low offer, with claimed damages and bad faith handling by carrier. Tort verdict over 8 million and jury found 100% liability on carrier’s insured.

Expert Disclosure

Client - Corporate Lakes Property LLC

Venue - United States District Court, District of Kansas

Case - 2:22-CV-02161-KHV-GEB

Commercial Property claims with different causes of loss a fire and an accidental water claim. Adjuster mislead the insured that all damages were covered. Adjuster wrongly directed repairs and chose what repairs to building without authority. Carrier only accepted interior water claim and denied exterior water claim, uncovered damages were authorized by only the adjuster.

 Report, Case Settled

Client - Kevin Borland

Venue - Civil District for the Parish of Orleans

Case - 2014-4430

Personal Auto Policy with the insured hit in crosswalk by an uninsured taxi, taxi fled scene, was charged with leaving the scene, serious injuries to insured, Policy limit demand, carrier disputed Liability and causation of injuries for years prior to paying undisputed partial payment. Claims of bad faith delay and improper payment of owed Policy benefits. 3 million policy and $35,000 paid as undisputed, medicals over $100,000 with permancy.

Declaration, Deposition

Client - Diamondhead Commercial Development  

Venue - In the United States District Court for the Southern District of Mississippi

Case - 1:23-CV-58 HSO-BWR

Commercial property Policy was issued to cover the Development for listed perils which included windstorm. The application failed to list any prior claims. Hurricane Cristobal had damaged the property and the claim had not resolved. Hurricane Zeta then damaged the Development in this Policy period. Axis filed a Declaratory Action claiming prejudicial harm from no prior loss information and claimed non-cooperation of the insured to breach the Policy. Counter sued the Carrier for Breach of Contract and bad faith claim handling.

Declaration, Settled

Client - Virgin Grand Estates

Venue - In the United Sates District Court of Virgin Islands

Case - 3:21-CV-009974

Commercial Property had CGL policy for years and coverage lapsed at time post hurricane for weeks, painter fell and was badly injured at property. Disputed did broker act properly handling the renewal application for continued coverage. Lloyd’s denied defense and indemnity to insured.

Report, Case Settled

Client - Kyounghoon Shin

Venue - In the Circuit Court for Montgomery County, Alabama

Case - 03-CV-2022-891339-00

Uninsured motorist case where the insured was shot while driving by the other motorist who was in road rage. State Farm denied due to Policy exclusion, Alabama law prohibits any limitation on UMBI coverage unless listed by legislature. State farm refuses to follow court orders to pay, keeps appealing.

Client - Ashley Williams

Venue - In the Circuit Court for Sumter County, Alabama

Case - 90-CV-2023-900010.00

Underinsured motorist case in auto collision where at fault insurance was insufficient and the Insured estate made a claim for Policy limits from his carrier for wrongful death. Auto Owners delayed investigation, evaluation and forced the estate to sue. The only offer was made after the lawsuit for payment of contract limits, requiring the dismissal of all contract and bad faith claims. No voluntary claim payment on undisputed first party UMBI claim

Client - CHC Investments

Venue - Circuit Court of Hinds County, Mississippi

Case - 25C-1:22-CV-00237-WLK

Commercial Property claim post theft and vandalism damage, stolen cooper wiring of the building. The claim disputed over amount of repairs and repair cost required to return building to pre-vandalism condition. Carrier paid $530,000 over 2 years and closed claim. Complaint for breach of contract and bad faith delay. CHC had full repair at $7.5 m or $25m replace all. Jury awarded 26.8 Million and judge refused to allow punitive counts to jury.

Report, Trial Testimony

Client - Joseph Blazys

Venue - United States District Court, Northern District of Georgia, Atlanta Division

Case - 1:24-CV-00074-FR

Underinsured motorist accident with the primary carrier paying the Policy limits of $25,000 to the wife and zero to the husband both insured under the UMBI policy. The first party claim for underinsured policy benefits was made for $250/500 Policy limits with formal offer of settlement. Carrier chose to not respond to opportunity to resolve within limits for 60 days. First and only offer was another 10 months later of Policy limits $500,000 prior to trial. Tort trial produced jury verdicts against responsible party of over 1.3 million. Claimed breach of contract and bad faith unfair delay in handling of claim by Allstate.

Report

Client - Goufeng Yang

Venue - Superior Court for the State of California, for the County of Los Angeles, West Division

Case - 24-SMCV-02406

Residential Fire claim and Liability fire damage to neighbor property post fire. Home Owner sustained over 7 million in property damage and paid over 1.3 million to settle neighbor’s lawsuit for fire damage. State Farm investigated claim for over 2 years, Yang wrote president of State Farm for a claim resolution. Two days later State Farm denies all claim for misrepresentation. Lawsuit for breach of contract plus bad faith under Property damages and Liability damages by Yang.

Client - Baptist College of Florida

Venue - United States District Court, Northern District of Florida, Panama City Division

Case - 5:22-CV-00158-MW-MJF

Commercial Buildings damaged by Hurricane, the parties could not agree on scope or repair costs, all entered appraisal process per the Policy, carrier refused to pay an additional repair cost of over 10 million post the appraisals ruling and a granted summary judgment by Court. Appeal of the breach of contract returned to trial court by appellate ruling for all bad faith counts to resolve at trial, thus to allow appeal to be ripe. Trial Court allowed a new count for punitive damages, appeal over this decision pending.

Client - Estate of Richard Tinder

Venue - United States District Court, Middle District, Tampa, Florida

Case - 8:23-CV-02753

Personal Auto Policy with 10/20 liability limits, clear liability, known excess exposure, failure to respond to written reasonable demand to accept limits with conditions by carrier. Excess Judgment after to PFS first $100g and next $200g. Lawsuit for claimed a breach of contract and bad faith handling

Report

Client - Tristan Hatfield 

Court - Superior Court of the State of California, for the County of Los Angeles

Case - 23AHCV01599

Carrier was presented a written demand within its 100g liability limits to settle its insured liability, after confirming coverage, liability and excess exposure. Carrier responded with a counter offer and failed to reply with a mirrored acceptance. The second attempt to accept the first settlement offer months later, again was another counter offer. Trial Court rejected multiple claims of settlement and case proceeded to jury with a verdict over 9 million. Suit claims breach of contract and bad faith claim handling.

Client - Rencon LLC

Court - In the District Court for the Southern District of Mississippi

Case - 1:22-CV-319-TGM-RPM

Maxum was presented a liability claim for bodily injury damages with claimed negligence of Rencon. Maxum investigated with 2 phone calls and denied coverage citing an exclusion-independent contractor. Multiple attempts to reverse coverage denial were all rejected. Rencon filed suit for breach of contract with bad faith. Maxum after over 1,100 days finally granted coverage to Rencon without any change in facts. Maxum contributed to the injury settlement with $85,000 paid under the Policy and repaid legal defense fees/costs of over $120,000 to Rencon Counsel. Bad faith claims remain unresolved and under discovery.

Report

Client - Gallagher Bassett Services

Court - In the Superior Court of the State of Washington, In and For the County of King

Case - NO. 23-2-16928-0 SEA

Gallagher was hired as the third-party administrator for Physicians Insurance on a medical malpractice claim due to a misread MRI on a child which resulted in lack of treatment. Due to no corrective timely treatment resulted in serious injury. The questions of coverage, causation and damages all resolved informing the carrier of no available defenses, coverage of 3 million triggered and known excess exposure the carrier never attempted to obtain the required permission from the insured Doctor to settle; never obtained authority to offer the available and owed Policy limits 3 million to settle the lawsuit; and requested extensions for unknown reasons when presented demands to settle in excess of the Policy Limits and at the Policy limits. Finally Physicians acknowledged in own records the Policy was owed, it wanted to delay paying for 3 months at a future mediation. When the Policy was offered untimely to demands, it was rejected. Physicians claims the actions of Gallagher were responsible for the entire settlement of 9.3 million for its bad faith handling.