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Breach of Contract
Insurance Bad Faith
Delayed Payment of Underinsured Motorist Policy

Perry Patricia Mason v. State Farm Mutual Automobile Insurance Company

Published: Feb. 11, 1995 | Result Date: Jan. 25, 1995 | Filing Date: Jan. 1, 1900 |

Case number: CV941604RJK –  $5,000

Judge

Robert J. Kelleher

Court

USDC Central


Attorneys

Plaintiff

Alan R. Templeman


Defendant

Thomas E. Beach
(Beach Law Group LLP)


Experts

Defendant

Richard McAtee
(medical)

Facts

In April of 1990, Plaintiff Perry Patricia Mason was involved in an automobile accident with an uninsured motorist; she then submitted a claim to Defendant State Farm, her uninsured motorist carrier. Twelve months later, no settlement had been reached; and Plaintiff had been diagnosed with cancer. In September of 1992, an arbitration by Jerome Berenson resulted in a Plaintiff's award of $50,000 ($20,000 over policy limits); the arbitrator later modified his award to conform with the policy limits of $30,000 (The Court did not allow into evidence the fact that the initial award was $50,000.

Settlement Discussions

Defendant contends it made no offer and Plaintiff demanded $250,000 reduced to $15,000 prior to trial. Plaintiff contends her only formal demand was $15,000.

Damages

Plaintiff claimed attorney fees on the underlying UM claim in the amount of $5,000 and emotional distress damages. Plaintiff's punitive damages claim was stricken by the Court on a Rule 50 motion for judgment as a matter of law.

Deliberation

7 hours

Poll

8-0

Length

5 days


#86442

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