Complaint For Bad Faith—West Palm Beach car wreck Refusal Of Reasonable Settlement

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 $75,00O, 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 a (type of policy) insurance policy, Policy Number (policy number) (the “Policy”), issued by Defendant on (date).

5. On (date), (party) brought a claim against Plaintiff who was involved in a West Palm Beach Florida Accident for (nature of claim), (the “Claim”). On (date), (party) filed a lawsuit against Plaintiff who was involved in a West Palm Beach Florida Accident in the (court), docket number (docket number) (the “Lawsuit”).

6. Upon receiving notice of the claim, Defendant undertook to adjust the Claim and provided a defense to Plaintiff who was involved in a West Palm Beach Florida Accident in the Lawsuit.

7. On (date), (party) offered to settle the Claim for the sum of (sum), which was within the limits of the Policy.

8. Defendant refused to settle the Claim for the sum of (sum).

9. Defendant’s refusal to settle the Claim as set forth above was unreasonable and/or without basis in light of all of the circumstances known to Defendant.

10. On (date), judgment was entered against Plaintiff who was involved in a West Palm Beach Florida Accident in the Lawsuit for the sum of (sum), which exceeded the limits of the Policy.

11. On (date), Defendant paid the Policy limits to (party).
COUNT I
12. The allegations set forth above are incorporated herein as if set forth again in full.

13. Defendant’s refusal to settle the claim within the Policy limits constituted a breach of Defendant’s duty under law to exercise good faith in the adjusting and defense of claims brought against its insureds.

14. As a result of Defendant’s breach, Plaintiff who was involved in a West Palm Beach Florida Accident has suffered damages in the sum of (sum).

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.
COUNT II
15. The allegations set forth above are incorporated herein as if set forth again in full.

16. Defendant’s refusal to settle the claim within the Policy limits constituted a violation of (statute).

17. 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.
COUNT III
18. The allegations set forth above are incorporated herein as if set forth again in full.

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

20. 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.
COUNT IV
21. The allegations set forth above are incorporated herein as if set forth again in full.

22. Defendant’s failure to exercise due care in adjusting and defense of the Claim was wanton, reckless, willful and malicious.

23. As a direct and proximate result of Defendant’s wanton, reckless, willful and malicious conduct, Plaintiff who was involved in a West Palm Beach Florida Accident has suffered harm.

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.
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,

____________________________________