THE VALUE OF STICKING TO YOUR GUNS: INSURANCE BAD FAITH AWARD AGAINST NATIONWIDE INSURANCE
Posted by Ben Sessions | | Uncategorized
Sometimes the mountain you are climbing in your case like too far to travel.
However, a jury verdict rendered against Nationwide Insurance this week shows the value of sticking to your guns when an insurance company refuses to pay it’s policy limits in spite of what commonsense would tell almost anyone.
Nationwide Insurance provided a policy to Mr. Park. Mr. Park was in an car wreck – an absolutely horrendous car wreck – that caused the death of a young mother. The family of the young mother demanded $100,000.00 and a limited liability release from Nationwide Insurance. Nationwide Insurance wanted to young mother’s family to accept a general release that would have precluded any further recovery by the family.
Ultimately, the family recover close to $8.1 million from Nationwide Insurance as a result of their resolve and their willingness to pursue justice in spite of an extremely stubborn insurer that refused to look out for the interests of their insured.
After a jury determined late last year that Nationwide Mutual Insurance Co. acted negligently and in bad faith in denying a claim for the death of an auto accident victim, a federal judge has ordered the insurer to pay more than $8.1 million in damages.
After the accident, Camacho’s husband, Jesus Camacho, and mother and executor, LaJean Nichols, retained [a lawyer], who sent Nationwide a time-limited, 10-day demand for Park’s $100,000 policy limit. In exchange, he offered a limited liability release shielding Park from any personal liability for any other claims related to the accident “except to the extent that other insurance coverage was available from which the Camacho family could seek additional funds,” according to Totenberg’s order.
Nationwide rejected the offer, “albeit in an untimely response,” and said it would only pay if the family supplied a general release under which they would have to repay the insurer if any other claims were made related to medical liens.
One of the most difficult parts of any personal injury case involves the decision of whether to accept or reject an offer. However, many times the recommendation that personal injury lawyers make to their clients does not adequately reflect the true value of the client’s case. Instead, the recommendation reflects the lawyer’s short-term financial concerns. We are not one of those personal injury firms. We want our client’s recovery to reflect the true long-term value of their case.
If you have questions about whether you are being treated fairly by an insurer following a car accident, contact a car accident lawyer at The Sessions Law Firm today. We will provide you with a free consultation, and you will walk away understanding your various options.
The Sessions Law Firm, LLC
544 Mulberry St., Ste. 319
Macon, GA 31201
Telephone: (478) 254-2665