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Family receives settlement after insurance company refuses to pay

On behalf of Mansell, Engel & Cole | Mar 31, 2020 | Denied Insurance Claims

A Georgia family endured severe injuries after getting hit by a pickup truck. The vehicle’s impact even left their 12-year-old daughter with a traumatic brain injury that now requires life-long medical treatment.

The family sued the driver seeking damages of $3 million. But after a two-day trial, a jury awarded the family $11.5 million. Nearly half of the verdict included compensation for their daughter’s life-altering injuries.

The driver reportedly used a company-owned vehicle. And in court documents related to the case, surveillance footage showed he was responsible. However, the driver couldn’t afford to pay the award. Because of this, the family went after the company that owned the vehicle.

Denial of insurance coverage may reflect a breach of contract

According to a report, the company’s insurance carrier denied coverage and refused to pay. The insurance company based its denial on the driver’s use of the vehicle. That’s because the company claims he was using it for personal reasons.

By denying that it covered the truck and failing to clarify its policy for vehicle coverage, the insurance carrier settled with the family for more than $10 million. The settlement reflects a much higher amount than the company’s $4 million standard coverage limit. The final jury award included both punitive and compensatory damages.

When an insurance carrier refuses to pay a claim covered by an active policyholder, it may be a breach of contract. That’s because a policyholder makes regular premium payments. On top of that, there’s also a reasonable expectation that their insurance company will cover these claims.

Families deserve fair treatment from insurance providers

While this family’s story happened thousands of miles away, countless Oklahomans have to deal with insurance companies refusing to give them the money they deserve. But with the help of an experienced and dedicated attorney, victims can make sure their insurance provider plays by the rules and acts in good faith.

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