Articles Posted in Insurance Bad Faith

Earlier this month, an appellate court issued an opinion in a Georgia car accident case requiring the court to determine if a bad-faith claim against an insurance company should be permitted to proceed toward trial. Ultimately, the court concluded that the plaintiff presented sufficient evidence of each element of the bad-faith claim, and the case should proceed toward trial.

The Facts of the Case

The case is somewhat confusing in that the plaintiff in the case against the insurance company was the estate of a motorist who had caused an accident that resulted in the motorist’s own death and injured several others. Several of those injured in the accident filed a personal injury case against the deceased motorist.

The insurance company of the deceased motorist failed to respond to communications from the accident victims’ attorney, seeking to settle the case within the insurance policy’s limits. As a result, the accident victims rescinded their offer to settle the case, and that case proceeded to trial, where a large verdict was entered in the plaintiffs’ favor.

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This is easier said than done.  Much of the work that goes into preparing a case for trial is getting to know our clients, their families, their friends — what makes them tick?  But this is only half of it.  You also have to get to know the wrongdoer just as well in order to determine their motivation for careless or intentional conduct.  Oftentimes, the wrongdoer is not even visible — it can be and often is a corporate culture of profits over worker or consumer safety.  The Trial Lawyers at McAleer Law work diligently to discovery the real story in a case.

A proposed settlement has been reached which would resolve an insurance lawsuit alleging Allstate Insurance Company sent their motor vehicle insureds deceptive motor vehicle insurance renewal bills in order to induce Allstate’s insureds to pay their renewal premium in full a month before the were premiums were actually due.

Under the terms of the settlement a sum of $2,727,555 would be provided to pay for claims to  class members who submit valid claims.

There has been no judicial decision as to whether Allstate did anything wrong, and the two sides disagree on how much money, if any, could have been awarded had plaintiff won at trial.

According to ABC News, the family of a Californian toddler will receive $10 million a medical malpractice settlement.

In November of 2010, the  two year old’s parents took her to a Sacramento Hospital with a fever, skin discoloration, and weakness. After waiting five hours without seeing a specialist, she was flown to another healthcare facility. The second healthcare provider determined she was suffering from streptococcus A bacteria. Due to the extended wait, the bacteria had invaded her blood and organs, leading to a necessary amputation.

The settlement with the Sacramento hospital and its parent company, Catholic Healthcare West, ranks among the largest in California history, according to medical malpractice attorneys.