Allstate Ignored Claim – Must Pay $16M In Damages

UPDATED: Jul 12, 2023Fact Checked

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Jeffrey Johnson

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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Mary Martin

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Mary Martin has been a legal writer and editor for over 20 years, responsible for ensuring that content is straightforward, correct, and helpful for the consumer. In addition, she worked on writing monthly newsletter columns for media, lawyers, and consumers. Ms. Martin also has experience with internal staff and HR operations. Mary was employed for almost 30 years by the nationwide legal publi...

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UPDATED: Jul 12, 2023

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UPDATED: Jul 12, 2023Fact Checked

A Missouri Appellate Court judge found that the Allstate Insurance Company acted in bad faith when it ignored a policyholder’s car accident claim for six months, then tried to make excuses for why it hadn’t acted sooner. The trial court judge, the jury and the appellate judge didn’t buy it and now Allstate is on the hook for $16 million, most of that representing punitive damages.

Good hands?

Allstate’s slogan, “You’re in good hands,” didn’t meet its mark in this case. In fact, those hands were nowhere to be found for over six months. In March of 2000, a drunk driver in a truck hit a couple in a compact car head on. The couple had to be cut out of the car and airlifted to a hospital. They survived, but not without racking up medical bills for several hundred thousand dollars.

The truck driver only had $50,000 in insurance and the couple agreed to accept that amount, even though their medical expenses were significantly higher. However, that never happened. Allstate ignored the truck driver’s claim submission for six months. The couple then sued the truck driver and the parties settled for $5 million. But, where was this money going to come from?

Suing Allstate

The couple agreed not to collect the $5 million from the truck driver in exchange for his relinquishment of rights to sue Allstate for bad faith insurance practices. The driver agreed and a trial court awarded the couple $16 million – over $10 million of that representing punitive damages. Allstate claimed that it lost the original paperwork and did not obtain the necessary medical records to resolve the claim, but nobody bought it and an appellate panel upheld the verdict. According to Appellate Court Judge Paul Spinden:

Allstate’s failure to recognize the severity of the couple’s injuries and the probability that the claim would far exceed the truck driver’s policy limits; its failure to investigate the claim and respond to the demand in accordance with insurance industry standards and its own good faith claim handling manual; and its failure to advise him of the demand, his likely exposure for an excess judgment, and his right to retain counsel, are all circumstances supporting a reasonable inference that Allstate’s refusal to settle was in bad faith.

If your insurance company has acted in bad faith, consider contacting an attorney whose practice focuses in this area of the law. They understand how insurance companies operate.

Case Studies: Real-Life Examples of Insurance Claim Issues

Case Study 1: Allstate Ignored Claim – Must Pay $16M In Damages

In March 2000, John and Sarah were severely injured in a car accident caused by a drunk driver, Mark. Despite their medical expenses exceeding the driver’s insurance coverage, Allstate Insurance Company ignored their claim for six months. John, Sarah sued Mark, settling for $5 million. Allstate held accountable for bad faith. Court awarded $16 million, including punitive damages.

Case Study 2: Denied Disability Claim – $8M Settlement

After a debilitating accident, John filed a disability claim with his insurance company. However, the insurer denied his claim without sufficient investigation. John’s attorney proved insurance company bad faith. Court ordered an $8 million settlement for lost income and emotional distress.

Case Study 3: Medical Malpractice – $12M Verdict

Sarah underwent a surgical procedure that resulted in severe complications due to the negligence of her surgeon. The complications caused Sarah significant pain, additional medical expenses, and long-term health issues. Sarah sued the surgeon and hospital with a skilled attorney. The jury awarded her $12 million, recognizing her suffering and holding the medical professionals responsible.

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Jeffrey Johnson

Insurance Lawyer

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Insurance Lawyer

Mary Martin

Published Legal Expert

Mary Martin has been a legal writer and editor for over 20 years, responsible for ensuring that content is straightforward, correct, and helpful for the consumer. In addition, she worked on writing monthly newsletter columns for media, lawyers, and consumers. Ms. Martin also has experience with internal staff and HR operations. Mary was employed for almost 30 years by the nationwide legal publi...

Published Legal Expert

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

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