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America February 21, 2023 4 mins read

Samuel Lopez, Journalist for USA Herald presents: 7 Shocking Bad Faith Insurance Settlements Every Policyholder Should Know About

America ı By Samuel Lopez

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(USA Herald) - As a policyholder, you expect your insurance company to have your best interests in mind. Unfortunately, some insurance companies put profits before their clients, leading to bad faith conduct. In cases of bad faith, policyholders can hold their insurer accountable in court. The following seven real-life examples of high bad faith insurance settlement amounts show the impact of insurer misconduct.

1. Matson Terminals v. Home Insurance Co. – settlement: $33.65 million

The Home Insurance Company denied coverage for a $10 million earthquake claim, leading to a lawsuit. A California jury found the refusal to provide support based on a policy exclusion was in bad faith. The jury awarded $11 million in punitive damages, and an appeals court affirmed the award, including $23.5 million in compensatory damages. The appeals court also held that the insurer led the policyholder under the false pretense of coverage, exacerbating the bad faith.

2. Vann v. The Travelers Insurance Company – award: $26.5 million

Mr. Vann, a former owner of an auto repair shop, requested his insurer to provide a defense after being sued for environmental damage caused to the property. The Travelers Insurance Company initially denied a policy existed, and once found, requested impossible personal information from Vann. A jury found The Travelers Insurance Company guilty of bad faith, leading to an award of $26.5 million upheld by the Supreme Court.

3. Pinto v. Farmers Ins. Exchange – award: $10 million

A California Appeals Court found a bad faith failure to settle the claim in this case. Pinto was a passenger injured in a solo vehicle accident, leaving him paralyzed. Farmers conducted an inadequate investigation of the claim, and failed to provide Pinto with critical information. The insurer appealed, and the $10 million judgment against them was reversed due to inadequate jury verdicts.

4. David Clayton v. United Services Automobile Association – award: $3.9 million

The insurance company, US Automobile Association, offered $10,000 on policy limits of $300,000 for a case where the only child of two parents was killed in an auto accident. The jury felt this was inadequate and in bad faith, leading to an award of $3.9 million.

5. Boicourt v. Amex Assurance Co. – award: $2,006,000

The insurance carrier, Amex Assurance Company, initially refused in bad faith to disclose policy limits after a vehicle accident severely injured a young boy. The initial settlement of $2 million was pursuant to a policy that provided only $100,000 in coverage.

6. Mazik v. GEICO General Insurance Co. – award: $1.3 million

An appellate court found that GEICO disregarded information showing a permanent, painful injury suffered by Michael Mazik after his vehicle collided with another. The court affirmed a decision by the LA County Supreme Court to award Mazik $1 million in punitive damages for the bad faith breach of its insurance contract, plus additional compensatory damages and legal costs on appeal.

7. Major v. Western Home Insurance Co. – award: $450,000 non economic damages & $220,359.55 in economic damages

Western Home Insurance Co. agreed to repair or replace the Majors' home to the policy's limits of liability after their home was destroyed in the Cedar Fire in 2003. The Majors sought legal counsel when Western initially failed to pay mortgage benefits or the full amount of personal property benefits. The Court of Appeal held that the bad-faith cause of action is primarily designed to remedy "financial loss." However, the court also noted that bad faith conduct can cause emotional distress and the Majors had presented evidence that Western's conduct had caused them emotional distress. Therefore, the jury awarded the Majors $450,000 in noneconomic damages for emotional distress, in addition to $220,359.55 in economic damages for the underpayment of benefits. The case is an example of how insurance companies can be held accountable for bad faith conduct that causes both financial loss and emotional distress to policyholders.

The examples above are just a few of the many instances where insurance companies have failed to act in good faith and fair dealing with their clients. These cases show the importance of holding insurance companies accountable for their actions and fighting for policyholders' rights.

As a policyholder, it's essential to know your rights and understand how insurance companies are legally required to act. By staying informed and holding insurance companies accountable for their actions, we can help ensure that insurance processes work smoothly and fairly for everyone.

In conclusion, if you're a policyholder and you feel that your insurance company has acted in bad faith, don't hesitate to speak up and fight for your rights. The examples above show that it's possible to hold insurance companies accountable and get the compensation you deserve. Always remember that you have legal rights as a policyholder.

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Investigative Journalist Samuel Lopez Reports on Recent Developments in Bad Faith Claims and Insurance Law

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Samuel Lopez

With over 20 years of experience in the legal and insurance sectors, Samuel applies his profound legal acumen to investigate and accurately report on the facts.

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