Complaint For Bad Faith—Refusal to Defend/Indemnify West Palm beach Auto accident

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ______________
PLAINTIFF :
:
vs. : C.A. No. ________________
:
DEFENDANT :
COMPLAINT

JURISDICTIONAL STATEMENT
1. This Court has jurisdiction over the subject matter of the within action pursuant to (statutory jurisdictional basis, e.g., 28 U.S.C. §1332) as the action is between citizens of different states and the amount in controversy exceeds $75,000, exclusive of interest and costs.
PARTIES
2. Plaintiff who was involved in a West Palm Beach Florida Accident is a resident of the State of (state), County of (county), and resides at (address).

3. Defendant is a corporation organized and existing under the laws of the State of (state) with a principal place of business at (address).
GENERAL ALLEGATIONS
4. Plaintiff who was involved in a West Palm Beach Florida Accident is the owner of (type of policy) insurance policy, Policy Number (policy number) (the “Policy”) issued by Defendant on (date). The insurance coverage afforded under the Policy was in effect at all times material hereto.

5. On (date), Plaintiff who was involved in a West Palm Beach Florida Accident gave notice to Defendant of a claim against Plaintiff who was involved in a West Palm Beach Florida Accident (describe claim) (the “Claim”) and requested that Defendant defend Plaintiff who was involved in a West Palm Beach Florida Accident with regard to the Claim and indemnify Plaintiff who was involved in a West Palm Beach Florida Accident for any damages incurred as a consequence of the Claim, all in respect of Defendant’s obligations under the Policy.

6. By letter of (date), Defendant refused to defend/indemnify Plaintiff who was involved in a West Palm Beach Florida Accident with regard to the Claim.

COUNT I
7. The allegations set forth above are incorporated herein as if set forth again in full.

8. Defendant’s refusal to defend/indemnify Plaintiff who was involved in a West Palm Beach Florida Accident constitutes a breach of contract.

WHEREFORE, Plaintiff who was involved in a West Palm Beach Florida Accident demands judgment against Defendant for the sum of (sum), together with interest and costs requiring Defendant to defend/indemnify Plaintiff who was involved in a West Palm Beach Florida Accident with regard to the Claim and otherwise declaring the rights and obligations of the parties under the Policy.
COUNT II
9. The allegations set forth above are incorporated herein as if set forth again in full.

10. Defendant’s refusal to defend/indemnify Plaintiff who was involved in a West Palm Beach Florida Accident constitutes a breach of Defendant’s obligation to act in good faith as provided by law (insert statute if applicable).

11. Defendant’s failure to act in good faith as required under law entitles Plaintiff who was involved in a West Palm Beach Florida Accident to the recovery of punitive damages (if applicable).

WHEREFORE, Plaintiff who was involved in a West Palm Beach Florida Accident demands judgment against Defendant for the sum of (sum), in addition to punitive damages in the sum of (sum), together with interest and costs.
COUNT III
12. The allegations set forth above are incorporated herein as if set forth again in full.

13. Defendant’s failure to act in good faith is a violation of (statute).

14. Under the terms of (statute), Plaintiff who was involved in a West Palm Beach Florida Accident is entitled to (statutory sanctions and damages).

WHEREFORE, Plaintiff who was involved in a West Palm Beach Florida Accident demands judgment against Defendant for the sum of (sum), together with interest and costs requiring Defendant to defend/indemnify Plaintiff who was involved in a West Palm Beach Florida Accident with regard to the Claim and otherwise declaring the rights and obligations of the parties under the Policy.
COUNT IV
15. The allegations set forth above are incorporated herein as if set forth again in full.

16. Defendant’s conduct subjected Plaintiff who was involved in a West Palm Beach Florida Accident to an unreasonable risk of mental distress and suffering.

17. As a direct and proximate result of Defendant’s negligent infliction of emotional distress, Plaintiff who was involved in a West Palm Beach Florida Accident has suffered emotional and psychological harm.

WHEREFORE, Plaintiff who was involved in a West Palm Beach Florida Accident demands judgment against Defendant for the sum of (sum), together with interest and costs requiring Defendant to defend/indemnify Plaintiff who was involved in a West Palm Beach Florida Accident with regard to the Claim and otherwise declaring the rights and obligations of the parties under the Policy.

Plaintiff
By His Attorneys,

_____________________________________

PLAINTIFF DEMANDS A TRIAL BY JURY ON ALL ISSUES TRIABLE OF RIGHT BY A JURY IN THE WITHIN ACTION.
Plaintiff
By His Attorneys,

_____________________________________