The Plaintiff was traveling southbound on US 1 near its intersection with Viera Boulevard in Rockledge, when the 82-year-old defendant, who was traveling northbound on US 1, turned in front of the Plaintiff and violated his right-of-way. The Defendant maintained $100,000.00 in bodily injury coverage for this accident. The Plaintiff’s treating physicians were recommending surgery for his neck injury. These medical records were continually being updated and supplied to the attorney for the defendant as well as their insurance company.
The Plaintiff underwent a cervical fusion. All records from the surgery along with the corresponding bills were forwarded to the defense lawyer as well as the insurance company. The defense finally tendered its $100,000.00. This was promptly rejected by the Plaintiff because of the alleged bad faith handling of this claim. Ultimately, additional counsel intervened on behalf of the insurance company and a resolution of all claims was achieved.
Nance Cacciatore settled this case for $225.000.00, $125,000.00 of which represented “bad faith” payments above the policy limits available to the Defendant.