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INSURANCE LAW Bad Faith Delayed Policy Payment SETTLEMENT: $100,000. CASE/NUMBER: Case I.D. Confidential COURT/DATE: L.A. Superior Central . TECHNICAL EXPERTS: Plaintiff – Thomas Matush, insurance industry claims practices, Naperville, III. MEDICAL EXPERTS: Plaintiff – Shawn Yarmo, D.C., chiropractor, N. Hollywood; Michael D. Porter, D.C., chiropractor, Arcadia; Craig E. Morris, D.C., chiropractor, Torrance. FACTS: The plaintiff, a 39-year-old female native of Honduras, was involved in an automobile accident caused by an uninsured motorist. She received approximately four months of chiropractic treatment for soft tissue spinal injuries. Her special damages consisted of $4,305 in chiropractic bills and $2,140 lost earnings as a self employed housekeeper. Plaintiff demanded payment of available policy limits. CONTENTIONS: The plaintiff contended that the defendant insurance carrier acted in bad faith by "low-balling" and delaying the payment of her medical and UM claims for the purpose of compelling her to take less than full value in settlement of her claim. The plaintiff also contended that the defendant subjected the plaintiff to delay in the payment of insurance policy benefits based on her Latina national origin and citizenship circumstance coupled with an increased, unjustified scrutiny of her claim, although the facts and circumstances of her claim demonstrated clear liability and objective damages. The plaintiff further contended that he defendant employed unfair business practices in connection with the investigation, review and payment of physical therapy modalities by California Doctors of Chiropractic in violation of California law regarding the lawful scope of Chiropractic Practice, as embodied in the California Code of Regulations, Title 16, §302 and 312. |
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