COMPLAINT FOR BAD FAITH – WEST PALM AUTO Accident victim

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 a West Palm Beach Florida Accident victim is a citizen 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).
COUNT I
4. Paragraphs 1 through 3 above are incorporated herein as if set forth again in full.

5. Plaintiff a West Palm Beach Florida Accident victim and Defendant entered into an insurance contract, designated as policy No. (policy number), for the period (period), (the “Policy”).

6. Pursuant to the Policy, Defendant was obligated to provide a defense to Plaintiff a West Palm Beach Florida Accident victim for any claims asserted against Plaintiff a West Palm Beach Florida Accident victim for which coverage might reason ably be provided under the Policy.

7. On (date), (name of claimant) brought a claim against Plaintiff a West Palm Beach Florida Accident victim for (nature of claim) (the “Claim”). Plaintiff a West Palm Beach Florida Accident victim provided notice of the claim to Defendant on (date).

8. Contrary to its obligations under the Policy, Defendant wrongfully refused to defend/indemnify Plaintiff a West Palm Beach Florida Accident victim with regard to the Claim.

9. As a direct and proximate result of Defendant’s breach of its obligations under the Policy, Plaintiff a West Palm Beach Florida Accident victim has been harmed and suffered damages.

WHEREFORE, Plaintiff a West Palm Beach Florida Accident victim demands judgment against Defendant in an amount which exceeds the jurisdictional requirements of this Court, plus interest and costs.
COUNT II
10. Paragraphs 1 through 9 above are incorporated herein as if set forth again in full.

11. Defendant had a duty under law to act reasonably in its investigation of the claim.

12. Defendant breached its obligation under law as more fully stated in paragraph 11 above by “(describe failure to act reasonably).”

13. As a direct and proximate result of Defendant’s failure to comply with its duty under law as set forth in paragraph 11 above, Plaintiff a West Palm Beach Florida Accident victim has been harmed and suffered damages.

WHEREFORE, Plaintiff a West Palm Beach Florida Accident victim demands judgment against Defendant in an amount which exceeds the jurisdictional requirements of this Court, plus interest and costs.
COUNT III
14. Paragraphs 1 through 13 above are incorporated herein as if set forth again in full.

15. Defendant had an obligation under law to act reasonably and in good faith in the settlement of the Claim.

16. Defendant breached its duty under law by wrongfully refusing to settle the claim after having received a demand for settlement within the Policy limits.

17. As a direct and proximate result of Defendant’s failure to comply with its duty under law as set forth in paragraph 15 above, Plaintiff a West Palm Beach Florida Accident victim has been harmed and suffered damages.

WHEREFORE, Plaintiff a West Palm Beach Florida Accident victim demands judgment against Defendant in an amount which exceeds the jurisdictional requirements of this Court, plus interest and costs.
Plaintiff a West Palm Beach Florida Accident victim
By His Attorney,

_____________________________________

PLAINTIFF A WEST PALM BEACH FLORIDA ACCIDENT VICTIM DEMANDS A TRIAL BY JURY ON ALL ISSUES TRIABLE OF RIGHT BY A JURY IN THE WITHIN ACTION.
Plaintiff
By His Attorney,

_____________________________________