California insurer to transfer $ 5.3 million women
Missoula, Mont-A federal jury has ordered an insurance based in California, the company to pay a woman $ 5.3 million in damages in a bath of faith that the appeal accused the company of not paying their medical expenses After a head-on car accident in January 2003.
“It was a very intelligent jury and they were not fooled by a formal apology usual, and she received crazy,” said James A. Polson of Manley, lawyer Samantha Chilcote of Bigfork.
After a five-day trial and eight hours of deliberation by the jury unanimously against the Fireman’s Fund Insurance Co., companies decide acted in bad faith and breach of contract to deny Chilcote statement.
A spokesman for Fireman’s Fund not immediately return a call Friday for an opinion.
In January 2003, Chilcote suffered permanent brain damage in a head-on collision on the car in U.S. Highway 2, it was not their fault and damages on the amount of other drivers to limit the policy.
Chilcote, a PhD student at the time, his family was insurance for $ 1.5 million in underinsured motorist benefits and $ 15000 in medical benefits. The company refused to pay underinsured motorist coverage and delay payment of their medical benefits until January 17, 2008, cut a check exactly five years from the date of the accident the same day as a final pretrial conference civilians in their case.
The trial lasted from March 28 at 1 April in U.S. District Court Missoula.
The jury found the company guilty of actual malice. The judgement included $ 3.5 million in punitive damages, the remaining $ 1.8 million in damages for medical bills, loss in the past and future disability, pain and suffering physical, mental and psychological loss of violations established course of life. The jury also found guilty of the company for violating Montana’s Unfair Trade Practices Act and Chilcote awarded $ 35000 for that.
U.S. District Judge Donald Molloy must decide whether the judgement in accordance with the law Montana. It is also a general rule, according to the judgement of the letter files Fireman’s Fund to seek a strike or reduce punitive damages, $ 90000 discount on legal fees and approximately 480000 $ Interest.
“It was a classic case of David and Goliath, where they are only trying to take,” said Chilcote. “I was completely overwhelmed and I am really grateful that the jury to do, and my moral ’s team is behind me. It was really a long, long hard road. ”
Chilcote doctor’s unpaid bills were informed of collections and the insurance company’s refusal to pay and with a delay that may medical treatment, the appeals.
Chilcote, received a doctorate and works in the Flathead Lake Biological Station, suffers from a lack of short-term memory and remains the treatment of their brain injuries.
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