Complaint for Wrongful Claims Handling – west palm car wreck

SUPERIOR COURT FOR THE COUNTY OF _____________

PLAINTIFF WHO WAS INVOLVED IN A WEST PALM BEACH FLORIDA ACCIDENT

v. C.A. No. ____________________

DEFENDANT

COMPLAINT

PARTIES

1. Plaintiff who was involved in a West Palm Beach Florida Accident is a resident of the Town of _______, State of _________.

2. Defendant is a corporation organized and existing under the laws of the State of ________, with a principal place of business at __________, and is engaged writing, marketing and selling insurance policies.

COUNT I

GENERAL ALLEGATION

3. 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).

4. The insurance coverage afforded to Plaintiff who was involved in a West Palm Beach Florida Accident 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 (describe claim) (the “Claim”) and requested that Defendant provide coverage for the Claim (provide details of the type and nature of the Claim, homeowner, automobile, property damage, etc.).

6. On _____ (date), Plaintiff who was involved in a West Palm Beach Florida Accident was contacted by an adjuster (insert name) selected and instructed by the Defendant to handle and process the Claim with Plaintiff who was involved in a West Palm Beach Florida Accident , a process that, unknown to Plaintiff who was involved in a West Palm Beach Florida Accident , had built-in impediments designed by the Defendant to delay payment so that the Defendant could retain its money as long as possible, and avoid, if possible, paying covered claims.

7. In an effort to delay payment, the adjuster continued to request detailed information from Plaintiff who was involved in a West Palm Beach Florida Accident on numerous occasions, interviewed Plaintiff who was involved in a West Palm Beach Florida Accident at length on four separate occasions on diverse dates (indicate dates), and failed to conduct any independent and fair investigation or examination to either verify or contradict the details of Plaintiff who was involved in a West Palm Beach Florida Accident ’s Claim; and then after (given period of time), based on the adjuster’s recommendation, and consistent with Defendant’s claims handling strategy, Defendant denied Plaintiff who was involved in a West Palm Beach Florida Accident ’s Claim without explanation.

8. The Defendant did not process and handle the Claim consistently with accepted claims practices and consistent with its own policies and procedures.

9. The Defendant did not follow its own internal procedures, nor did it follow procedures that constitute “fair” and “good faith” processes for handling claims such as Plaintiff who was involved in a West Palm Beach Florida Accident ’s.

10. The Defendant did not objectively evaluate the Claim.

11. The Defendant did not make reasonable attempts to resolve or settle the Claim with Plaintiff who was involved in a West Palm Beach Florida Accident .

12. The Defendant has not given as much consideration to the interests of its Plaintiff who was involved in a West Palm Beach Florida Accident , its insured, as it has to its own interests, and to the retention of its own money as long as possible.

13. The actions of the Defendant violate the terms of the Policy between Plaintiff who was involved in a West Palm Beach Florida Accident and Defendant and, accordingly, Defendant breached its contract with Plaintiff who was involved in a West Palm Beach Florida Accident .

14. Plaintiff who was involved in a West Palm Beach Florida Accident has sustained damages as a result of that breach.

WHEREFORE, Plaintiff who was involved in a West Palm Beach Florida Accident demands damages in an amount proved at trial plus interest, costs and attorneys’ fees.

COUNT II

15. Paragraphs 1 through 14 of Count I are incorporated herein and made a part hereof as if again set forth in full.

16. Defendant has breached the covenant of good faith and fair dealing contained in any contract, and in particular contained in the Policy, as a matter of law, with respect to the actions it has undertaken with respect to the Plaintiff who was involved in a West Palm Beach Florida Accident .

17. Plaintiff who was involved in a West Palm Beach Florida Accident has suffered damages as a result of Defendant’s breach of the covenant of good faith and fair dealing in an amount to be proved at trial.

WHEREFORE, Plaintiff who was involved in a West Palm Beach Florida Accident demands judgment against Defendant in all amounts proved at trial plus interest, costs and attorneys’ fees.

COUNT III

18. Paragraphs 1 through 14 of Count I, and 16-17 of Count II, are incorporated herein and made a part hereof as if again set forth in full.

19. The conduct of the Defendant was part of a pattern and practice of the Defendant to refrain from paying rightful claims and to frustrate and discourage policyholders from making legitimate claims so that the Defendant could retain its money as long as possible and could refrain from paying rightful claims by exhausting the policyholder’s patience and monetary funds.

20. The Defendant and its agents were not open, candid and honest with the Plaintiff who was involved in a West Palm Beach Florida Accident , its policyholder.

21. The Defendant’s actions amount to a bad faith breach of the Policy, a contract between Plaintiff who was involved in a West Palm Beach Florida Accident and Defendant, and constitute intentional and/or negligent, but certainly wrongful, claims handling.

22. Plaintiff who was involved in a West Palm Beach Florida Accident has suffered damages as a result of Defendant’s bad faith conduct and wrongful claims handling in an amount to be determined at trial.

WHEREFORE, Plaintiff who was involved in a West Palm Beach Florida Accident demands judgment against Defendant in an amount to be determined at trial plus interest, costs and attorney’s fees.

PLAINTIFF WHO WAS INVOLVED IN A WEST PALM BEACH FLORIDA ACCIDENT
By his attorneys,

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