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Bad faith lawsuit dismissed following provider reimbursement

Many in San Antonio likely understand that coverage limits from an insurance policy may leave them owing some expenses out pocket. Thus, they may plan accordingly by purchasing or securing supplemental insurance in order to account for those potential coverage gaps. Insurance is one of those rare commodities that most recognize the need to have yet hope that they never have to use. Yet when the time does come to use it, they certainly expect that if they have kept up on their premium payments (or had no reason to suspect that another party was not doing so), then benefits will be extended. 

For that not to happen can come as quite a shock. Just ask the California woman who found herself facing a coverage gap of $150,000 after she and her company were sued following a car accident she was involved in. Her personal insurance covered a majority of the $1.25 million settlement she reached in the case, yet she still was left owing the amount from the gap. After paying those expenses out of her own pocket, she then sued the provider of her business' auto insurance policy (the accident occurred at the end of her work day), claiming, among other things, breach of duty of good faith and fair dealing. Her lawsuit was dismissed, however, when the district court hearing the case learned that the insurer had reimbursed her for the $150,000, plus interest. A federal appeals court recently upheld that ruling. 

Being left uncovered when insurance coverage is anticipated can leave one feeling extremely vulnerable. That vulnerability may serve as justification for them to initiate legal action. Those needing assistance with such action may find it in the form of an experienced attorney. 

Source: Business Insurance "Dismissal of former Marsh USA employee's claims against AIG unit upheld" Greenwald, Judy, Oct. 19, 2017

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The Law Office of Jessica Taylor, PLLC

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