A family experienced a devastating tragedy when their youngest son was killed by a careless driver only 3 days prior to his 21st birthday. The careless driver did not have sufficient insurance to compensate the family for the economic losses associated with the death of their son. Before agreeing to accept the minimal insurance from the driver, the family contacted Stephanie Taylor and Phillip Warren regarding their legal rights.
TWW Found UM Coverage for This Family
Our attorneys analyzed the situation and found that the family had purchased underinsured motorist (“UM”) benefits as part of their own automobile insurance policy. Our attorneys advised the family that their own insurance company was required to provide UM benefits for the loss of their son. The family made a claim for UM benefits with their own insurer based on the advice of our attorneys.
The Insurance Company Denied the UM Claim
The family's insurer denied the claim despite the fact that the family had purchased UM benefits as part of the insurance policy. The UM benefits were clearly payable since the policy required the insurer to pay UM benefits in the event their son was killed by a careless driver without adequate insurance. The family retained our attorneys to protect their rights and force the insurance company to keep its promise. When our attorneys demanded that the insurance company pay the UM benefits or face legal action, the insurance company attempted to pay only a portion of the UM benefits. Our attorneys immediately notified the insurance company that the policy required that the UM benefits be paid in full. Our attorneys also notified the insurer that their refusal to immediately pay all UM benefits was in bad faith. Despite the clear legal obligation to pay all UM benefits, the insurer still refused to keep its promise to this family.
TWW Sued the Insurance Company For Denying in Bad Faith
Our attorneys filed a lawsuit against the insurance company. The Court found that the insurance company was required to provide all UM benefits as our attorneys pointed out all along. The Court set the matter for trial to determine damages. The insurance company agreed to a confidential settlement only a few weeks prior to trial.
The Insurance Company Was Forced to Pay Much More Than the Initial Claim
TWW forced the insurance company to pay many times more than the amount of the UM benefits because the insurer acted in bad faith when it refused to pay the claim in full. This family can now move toward finding closure with the loss of their son. There is no doubt that the insurance company will think twice before treating another family this way. If you feel that you have been treated unfairly by an insurance company, contact TWW today to find out how to enforce your legal rights.
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