For the past 15 years, Texas-based insurance companies have used the appraisal process to delay payment of reasonable claims. A decision by the state Supreme Court in July 2019 set the trajectory back in favor of policyholders by upholding the original intent of Texas insurance code 542. The Prompt Payment of Insurance Claims Act has […]
Round 1 Goes to Insurer in Amy Kemper Motorcycle Accident Case
A knockdown legal fight between an injured motorcyclist and an insurance company, with up to $10 million at stake, saw the first round go to the insurer. The plaintiff filed a bad-faith lawsuit against Equity Insurance, but that suit was dismissed on summary judgment in July 2019. First, here are the details of the case. […]
Inside The $25 Million Award in The Aetna-Cunningham Case
In November, an Oklahoma jury awarded the Cunningham family $25.6 million in damages in their civil suit against Aetna. The results of the case—and the pending appeal—raise important questions about how punitive damages are awarded. Fifty-four-year-old Oranna Cunningham was diagnosed with Stage 4 brain cancer in the spring of 2014. Doctors recommended an experimental proton […]
How to Prove Your Insurance Company Acted in “Bad Faith”
When you give your hard-earned money to an insurance company on a monthly basis, the policy you pay for is a legally binding contract between you and the insurer forcing them to provide you with proper insurance protection and to settle claims in good faith. Unfortunately, insurance companies don’t always have the best interests of […]