Bad Faith Insurance Claim

May 6, 2010 by
Filed under: Uncategorized 

bad faith insurance claim
CUNA credit disability insurance – $6 MM penalty for bad faith claim denials

any recourse if insurance has finally informed me that they have denied my claim? Its just cruel.?

USF&G, in bad faith has cost me so much more than the hurricanes by their cruel, unethical tactics. I have been strung along, put through endless interviews,paper work,faxing statement under oath only find(dah)my claim has been denied. Because of them i am going to lose my townhouse, the only thing i own.

I would recommend that you consult an attorney licensed in your state, preferably one who is a local attorney. Stay away from the attorneys who have advertised about the class actions against the various insurance companies.

For a referral, you might call your county or state bar association.

Don’t handle this on your own. You may have some recourse, but only an attorney in your state can advise you on those options after carefully evaluating your situation.

Bad Jury Instruction Results In New Trial

Bad Jury Instruction results in New Trial - Bad Faith Insurance Attorneys in Oklahoma City OK, Stauffer Nathan

In FFE Transportation Services, Inc. v. Pilot Travel Centers, L.L.C., the plaintiff, Medlin, had slipped and fallen while fueling at the defendant’s station.  Plaintiff received workers compensation benefits from FFE, and then sued the defendant.  FFE was also sued defendant for the benefits it paid to Medlin.  The verdict form had a place for the jury to fill in for the amount to award to plaintiff and to FFE.  The jury found against the defendant and filled in separate amounts for each of the plaintiffs.  This was reversible error.

The verdict form did not permit damages to be awarded to Medlin without awarding damages to FFE, nor did it permit a jury to award damages of less than a stipulated amount to FFE. The court said, “Moreover, it is not clear from this form whether FFE’s stipulated damages are to be deducted from Medlin’s award, or whether Medlin’s award was over and above that given to FFE. FFE’s derivative subrogation claim would normally be deducted from any damages awarded to Medlin; however, the verdict is not clear whether this was the intent of the jury.”

The court held: Because FFE has paid Medlin’s medical expenses and lost wages (which are the subject of FFE’s subrogation claim), if FFE is an active, named party participating at trial, Medlin cannot request and seek to recover damages for those medical expenses and lost wages; only FFE can do so. However, if FFE is not an active, named party participating at trial, the trial court must ask the jury, if it finds in Medlin’s favor, to set out the amounts, if any, attributable to medical expenses and lost wages so that the court and the parties can ascertain what compensation FFE is entitled to for its subrogated interest.

If you are facing a bad faith insurance lawsuit contact an experienced lawyer who knows how good insurance companies operate.  A lawyer who knows how to represent your case or win you a settlement, will know how to get your claim paid when bad insurance companies take your hard earned money and deny your claim.

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