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Insurance
Bad Faith
Failure to Pay

Kimberly Eckis v. State Farm Mutual Automobile Insurance Company

Published: Jan. 1, 2000 | Result Date: Apr. 9, 1999 | Filing Date: Jan. 1, 1900 |

Case number: 96CV279 Verdict –  $485,734

Judge

Timothy Simmons

Court

El Paso District


Attorneys

Plaintiff

Gary S. Craw


Defendant

Suzanne Lambdin

Gerald Pratt


Experts

Plaintiff

Nicholas Sol
(medical)

L. Christopher Griffiths
(technical)

Jack Rook
(medical)

James Holden
(medical)

Joseph Rota
(medical)

Mark A. Anderson
(Kuzyk Law) (technical)

Defendant

James Berwick
(medical)

John Grund
(technical)

Henry Roth
(medical)

Facts

At the time plaintiff Kimberly Eckis was injured in an automobile accident, she carried an insurance policy issued by defendant State Farm Mutual Automobile Insurance Co. Eckis sought medical treatment for her injuries, but claimed that after about five months of treatment, defendantÆs adjustors began a series of phone calls to her treatment providers pressuring them to conclude treatment by refusing to pay for further care. Plaintiff revoked State FarmÆs medical release which allowed it gather information from providers, and replaced it with a release which allowed her attorneys to monitor future discussions with treatment providers. State Farm refused to consider payment of future benefits unless the plaintiff allowed its representatives to speak with her providers. No further benefits were paid.

Settlement Discussions

The plaintiff made a settlement demand of $250,000, the defendant made an offer of $55,000.

Specials in Evidence

$46,363.51 $6,820

Length

10 days


#88420

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