Bad Faith Insurance Practice

$425,000 – Bad Faith Settlement

The Plaintiff sustained an open bimalleolar right ankle fraction as well as a closed head injury and multiple lacerations and contusions in an automobile accident. The Plaintiff underwent irrigation and debridement surgery of her right ankle and an external fixator was applied. The plaintiff underwent three additional surgeries to her ankle due to nonunion of the fracture. Unable to ambulate, she was confined to nursing facilities off and on for nearly a year following this serious accident. Ultimately she successfully graduated to a walker and hoped to be independent by eighteen months post accident. Plaintiff’s medical bills totaled in excess of $155,000.00.

The Plaintiff submitted a written demand to State Farm Insurance Company on behalf of the Defendant providing them with all of the medical records and bills known at that time. The bills totaled $97,000.00. State Farm was provided thirty days in which to respond to the demand and tender their limits of $100,000.00. Approximately two weeks later, the demand was supplemented with additional medical records and bills that now totaled $120,000.00. At no point in time did the adjustor on behalf of State Farm attempt to contact Plaintiff’s counsel regarding the demand. Meanwhile, the Plaintiff dispatched a similar demand to her underinsured motorist carrier, Amica, and supplemented that demand as well. Amica, within the time frame allotted by the demand, promptly tendered its limits. State Farm ultimately paid significant “extra contractual” damages for their blatant “bad faith” handling of this claim.

$225,000 – Bad Faith Settlement

The Plaintiff was traveling southbound on US 1 near its intersection with Viera Boulevard in Rockledge, when the 82 year-old defendant, who was traveling northbound on US 1, turned in front of the Plaintiff and violated his right-of-way. The Defendant maintained $100,000.00 in bodily injury coverage for this accident. The Plaintiff’s treating physicians were recommending surgery for his neck injury. These medical records were continually being updated and supplied to the attorney for the defendant as well as their insurance company.

The Plaintiff underwent a cervical fusion. All records from the surgery along with the corresponding bills were forwarded to the defense lawyer as well as the insurance company. The defense finally tendered its $100,000.00. This was promptly rejected by the Plaintiff because of the alleged bad faith handling of this claim. Ultimately, additional counsel intervened on behalf of the insurance company and a resolution of all claims was achieved.

Nance Cacciatore settled this case for $225.000.00, $125,000.00 of which represented “bad faith” payments above the policy limits available to the Defendant.

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