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In November 2001, David Glatthorn enabled a severely injured woman to receive five times the insurance company's policy limits when the company decided to pay up rather than undergo a trial by jury. The mother of three children suffered herniated disks in her neck and other orthopedic injuries during an automobile accident caused by an out-of-state driver.
As legal counsel, Glatthorn quickly determined there was only $100,000 in coverage to be paid within 30 days. He immediately provided the insurance company with documentation on his client's extensive injuries, along with her doctor's recommendation that spinal surgery be performed and demand that the $100,000 in coverage be paid within 30 days. The out-of-state insurance company refused to make any offers.
Glatthorn filed suit on his client's behalf, along with a formal proposal for settlement in the amount of $100,000, thus giving the insurance company a second chance to properly discharge its contractual obligations to pay properly documented claims. The insurance company again refused to make an offer.
After the client underwent spinal surgery, the out-of-state insurance company finally tendered their $100,000. This offer was rejected and a trial date set, Glatthorn intended to prove damages far in excess of $100,000and then sue the insurance company for bad faith.
The insurance carrier recognized its error and agreed to pay five times the insurance limits, an unusual outcome that occurs only when a carrier becomes convinced that the Plaintiff's attorney is likely to win a verdict in excess of the policy limits. While such a jury verdict might have exceeded $500,000, collecting it would have required a second bad faith lawsuit and could have taken two years. Because of her large medical bills, inability to work and immediate financial needs, the client accepted the $500,000 offer David Glatthorn had negotiated.
Awarded: $500,000 Bad Faith