Craig Terrett and Lauren Byrne secured an Order granting Summary Judgment in Bad Faith Case Against Underinsured Motorist Carrier

Craig Terrett and Lauren Byrne secured an Order granting Summary Judgment in a bad faith case against an Underinsured Motorist (“UM”) carrier. The Plaintiff, who incurred approximately $16,500 in medical expenses in an auto accident, sought $25,000 in UM benefits after securing a $25,000 settlement from the at-fault driver’s liability policy. The carrier evaluated the Plaintiff’s claim at a maximum of $26,500 – to be offset by the $25,000 settlement – and offered $750. The Plaintiff was ultimately awarded over $100,000 at trial and then filed suit against her UM carrier, alleging bad faith failure to settle. Cruser Mitchell filed a Motion for Summary Judgment on the grounds that the carrier’s failure to settle was based upon a bona fide dispute as to the value of the claim. After oral arguments, the Court issued an Order granting Summary Judgment, finding that there was no evidence of frivolous or unfounded refusal to pay by the carrier.

 

Order Granting Motion for Summary Judgment