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ARTICLE ID 47401

$________ INCLUDING $________ PUNITIVE DAMAGE AWARD - BREACH OF INSURANCE CONTRACT - BAD FAITH CLAIM - FAILURE TO PROPERLY HANDLE UNINSURED MOTORIST CLAIM FILED BY PLAINTIFF - FAILURE TO TENDER UNINSURED MOTORIST BENEFIT OF $________.

Lake County, Indiana

In this insurance contract dispute matter, the plaintiff alleged that the defendant insurer failed to act in good faith and honor his uninsured motorist claim regarding a ________ car accident. The defendant denied the allegations of bad faith.

The 50-year-old male plaintiff was injured on September 1, ________, in a motor vehicle accident caused by another driver. The plaintiff underwent a cervical discectomy and missed five months of work at his job with U.S. Steel. He incurred medical specials totaling $________. The other driver was insured by Coronet, a substandard carrier. Coronet became insolvent in January ________. The driver then became an "uninsured driver" under the terms of the plaintiff’s automobile insurance policy with the defendant Allstate. The plaintiff’s policy with Allstate had uninsured motorist bodily injury coverage of $________ and uninsured motorist property damage of $________.

The plaintiff claimed that in ________, Allstate redesigned its claims handling process to: (1) treat the first-party claims of its policyholders the same as third-party claimants, no longer showing its policyholder the good faith and fair dealing required by Indiana law; (2) require adjusters to use Colossus, a computer program rigged to undervalue claims, essentially limiting the adjuster’s settlement authority to the amount set by Colossus; (3) link adjuster’s compensation to the number of times he or she settles cases at or below the unfairly low Colossus value, thereby creating a conflict of interest between Allstate’s adjusters and its policyholders; (4) use aggressive litigation tactics on policyholders (as well as third parties and attorneys) who refuse to accept the Colossus-generated low-ball offers. The plaintiff maintained that the plaintiff’s UM claim was handled by the defendant in accordance with these provisions.

The plaintiff supplied all of his medical information and bills, proof of wage loss and demand for UM policy limits on January 27, ________. The plaintiff alleged that the defendant made no effort to resolve his claim despite the fact that the defendant’s Colossus insurance program had evaluated his claim in a range between $________ to $________. The plaintiff brought suit against the defendant Allstate for bad faith in handling his UM claim under the terms of his policy.

The defendant denied the plaintiff’s allegations of bad faith. The defendant presented evidence that in April ________, it offered the UM policy limit of $________ to resolve all of the plaintiff’s claims, but that the plaintiff refused to settle all of his claims.

At the conclusion of the trial, the jury found in favor of the plaintiff and against the defendant and awarded the sum of $________ in damages consisting of $________ in compensatory damages and $________ in punitive damages.

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