Thomas Braden v. State Farm Mutual Automobile Insurance
Published: Oct. 4, 2001 | Result Date: Feb. 13, 2001 | Filing Date: Jan. 1, 1900 |Case number: 95CV4292 – $0
Judge
Court
Denver District
Attorneys
Plaintiff
Defendant
Facts
On Feb. 2, 1993, Thomas Braden was in a car crash. The court directed a verdict in favor of the defendant on the plaintiffÆs claims for outrageous conduct and punitive damages. The plaintiff alleged that he became depressed and suicidal and suffered post-traumatic stress disorder as a result of the accident. He claimed that he submitted claims to defendant, State Farm, for psychological, psychiatric and prescription expenses, but he alleged that the company refused to pay. The plaintiff also alleged that he was entitled to damages because the denial of insurance was willful and wanton. The plaintiff claimed the defendant breached the covenant of good faith in the insurance policy. The defendant admitted that a policy of insurance was issued to the plaintiff and was in effect on the date of the accident. The defendant denied that it failed to act reasonably or in good faith in
processing the claims. State Farm claimed that the plaintiffÆs injuries were not related to the accident and the bills for care were not caused by the accident and therefore were not payable under the plaintiffÆs policy.
Settlement Discussions
There was a $7,782.18 statutory offer of settlement. The plaintiff filed a post-trial motion seeking $17,164 in statutory interest, which the defendant objected. The plaintiff was seeking attorneyÆs fees and costs.
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