United Automobile Insurance Company says it was denied a fair trial after a negative bad-faith verdict resulted in a $6.8 million judgment against the company.
The case in question revolves around an auto accident in which Judge Steven D. Levine and a passenger were killed by a driver insured by United Auto. According to the company, it immediately tendered the limits of its policy to the estates of Judge Levine (Levine Estate) and Lourdes Maldonado, and later exceeded its policy limits by paying more than what it was required to pay to protect its insured, Jose Hernandez.
According to United Auto, in February of 2002, it sent a check in the amount of $10,000 accompanied by a release form to Bob Brown, the Levine Estate's attorney. Three months later, the uncashed check was sent back without explanation. When contacted by the insurer, the law firm representing the Levine Estate allegedly declared the payment insufficient and made vague threats implying litigation.
Now United Auto claims that the resultant multi-million dollar judgment (including prejudgment interest) from the lawsuit is unfair because the trial jury was not permitted to hear crucial evidence that would have shown the company made every effort to meet all of its obligations. United Auto further asserted that the estate's bad-faith claim was based on an alleged assignment of rights from Jose Hernandez, who was insured by United Auto at the time of the accident. The Levine Estate never made any claim of its own against the company, according to United Auto.
In addition to the jury not hearing the evidence that the company says makes it clear that it made every effort to pay the estate, there were several other evidentiary and procedural issues detailed in the company's post-trial motions.
"We were denied a fair trial," said Richard Parrillo, Sr., chairman and CEO of United Automobile Insurance Company, in a release. "Once the facts come out, it will become clear that an investigation of the proceedings should be initiated as soon as possible." Parrillo went on to state, "I believe this was a bad faith claim set-up from the beginning. Unfortunately, it is abusive lawsuits like this that cost Floridians hundreds of millions of dollars in increased insurance rates."
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