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Allstate
Accused of Bad Faith;
Victim Awarded
$8.2 Million
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by
Sara Goldstein
A jury
recently awarded a Florida man nearly $8.2 million in damages
from Allstate car insurance company but has to wait for another jury to
decide whether or not he can collect. John Clements was blowing leaves
on a sidewalk when a truck jumped the sidewalk and plowed into him in
November 2004. Clements suffered a broken neck, brain hemorrhages and
herniated discs in his neck and back; he was hospitalized for six days.
Clements
received $100,000 from
the driver of the truck's insurer, but
when he tried to get his insurance company, Allstate, to pay him the
$100,000 it owed for underinsured motorist coverage, the company refused to pay,
which prompted the lawsuit.
Legally, Allstate is obligated to pay Clements the maximum
coverage his
underinsured motorist policy allows ($100,000), but when an insurance
company should have paid a claim but didn't, you can sue the company
for bad faith. That is how Clements won the $8.2 million. His lawyers
must now convince the second jury that Allstate should have paid
Clements the $100,000 in underinsured
motorist damages so he can collect the award.
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ABOUT THE AUTHOR
If
you or a loved one is the victim of insurance
bad faith in Denver or anywhere in Colorado, please contact the experienced
Insurance Bad Faith Attorneys at The Brake Law Firm.
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