Lawyers Get 5 Times the Policy Limits By Using Insurer's 'Bad-Faith' Negotiations

    ATLANTA, GA, July 26, 2023 /24-7PressRelease/ -- Atlanta plaintiff attorneys Darren Tobin and Caroline Monsewicz achieved a significant victory by settling their client's injury claim for $600,000, five times the insured's policy limits. The case originated from a low-impact collision in a shopping plaza parking lot in January 2020, where the at-fault driver was not cited by the police. The plaintiff's injuries to her lower back and neck required pain medication and injections. The attorneys strategically utilized a well-timed Holt demand and settlement offer under O.C.G.A. § 9-11-68 to ensure the defendant's insurer, Allstate Insurance Co., would be compelled to act in good faith. They waited to submit the demand, preventing the insurer from claiming a lack of necessary facts and medical evidence to deny payment.

Despite the defense's attempts to challenge the claim based on the plaintiff's pre-existing condition, the attorneys focused on the new neck pain and presented medical testimony to support their case. Ultimately, they settled with both Allstate and USAA, the underinsured motorist carrier, for a total of $600,000, avoiding further litigation and achieving a substantial outcome for their client.

In their pursuit of the case, the plaintiff attorneys encountered delays and conflicts but persisted until Allstate increased its initial offer to the full policy limit of $100,000, which they rejected as their time-limited demand had already expired. Confident in obtaining a judgment above policy limits at trial, the attorneys settled with both insurers to secure a satisfactory result for their client. They highlighted their success against Allstate and expressed their commitment to fighting for injured victims against insurance companies that engage in delaying tactics, determined to rewrite their rules in favor of the victims.

More about this article can be seen here: https://www.tobininjurylaw.com/2023/07/23/600000-settlement-for-allstates-bad-faith-behavior/

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