Missouri Injury Attorney Blog

Most insurance claims are not handled in "bad faith." However, some claims are handled with
malice and many claims are often processed in an inappropriate manner. While the below case is not a Missouri case, it is a story that many Missouri citizens can identify with as a result of their own experiences with insurance adjusters and their own insurance companies.

David Payne is an experienced injury and insurance claims attorney who handles cases like this in Missouri. Contact a lawyer now for a free consultation.

The best way to handle insurance companies not willing to pay fairly is by hiring an experienced insurance and personal injury lawyer. By hiring a lawyer, the lawyer deals with making sure the insurance company treats you fairly.

A jury in Montana awarded a woman $5.3 million in damages earlier this month in the largest bad-faith insurance verdict in Montana history.

The jury of one man and six women ruled unanimously against Fireman's Fund Insurance Co., deciding that the California-based company acted in bad faith and breach of contract in denying her insurance claim. In January 2003, the 32 year-old plaintiff suffered permanent brain injurys in a head-on car collision. She was not at fault in the accident, and her damages far exceeded the amount of the other driver's insurance policy limit.

She, however, fortunately was covered under her family's insurance plan for a total of $1.5 million in underinsured motorist benefits and $15,000 in medical pay. Still, the company refused to pay out.

The verdict included $3.5 million in punitive damages, because the jury found the insurance company acted in malice, while the remaining $1.8 million was ordered for compensatory damages, for medical bills, loss of past and future earning capacity, physical pain and suffering, mental and emotional injury and loss of established course of life.

The plaintiff's attorney was quoted as saying, “this was a very intelligent jury and they weren't fooled by any of the usual official excuses, and they got mad.”

To make matter worse, the injured woman's medical bills were turned over to collections after Fireman's Insurance repeatedly refused to pay her medical expenses. The company's refusal to pay the medical bills resulted in delayed treatment and interfered with her medical treatment.

“It was a classic case of David and Goliath, where they are just trying to wear you out,” said the injured woman and she added, “I was completely overwhelmed and I'm really thankful to the jury for doing the right thing, and to my legal team for standing behind me. It has been a really long, long hard road.”

At trial, evidence showed that Fireman's Fund Insurance Co.'s net assets in 2004, the same year the injured woman's claim, exceeded $9.9 billion.

The case shows that the little guy can prevail thanks to our judicial system and that the scales of justice can get tipped back in balance.