CW: Vehicular Death
The U.S. District Court for the Middle District of Pennsylvania has ruled that there is no bad faith in a case where "red flags" existed that could undermine coverage. The case is Fuentes v. USAA Gen. Indemnity Co., 2021 U.S. Dist. LEXIS 63837.
This case stems from a tragic car accident that occurred on December 25, 2015. Alejandro Santos was a passenger in his own vehicle, which was driven by Alaysia English. The vehicle was insured by Garrison Insurance Company. Frank May was driving a motor vehicle traveling in the opposite direction. It was alleged that both May and English operated their vehicles in "negligent, reckless and careless manners that resulted in a violent collision between the vehicles." Santos suffered fatal injuries as a result of the accident and was pronounced dead on the evening of December 25, 2015. Bobby Fuentes, the Administrator of Santos' Estate, had an insurance policy issued by USAA. May was uninsured at the time of the accident, and Santos's car that English was driving had $15,000 in liability coverage under his Garrison policy which was separate from Fuentes' policy. Garrison tendered the full policy limits to Santos's estate.