Timothy Kuhn v. Hector Cervantes-Andrade, USAA

Summary

In this bad-faith insurance case, plaintiff Timothy Kuhn was struck from behind by a pickup truck while stopped in traffic on the highway. This accident left Kuhn with a concussion, along with neck and back injuries. USAA initially determined the accident was the truck driver's fault, but when Kuhn sued the driver, USAA intervened and claimed that Kuhn bore responsibility for the accident.

Representatives for Kuhn claim that USAA's actions show they acted in bad faith. Throughout the treatment process, USAA allegedly offered $10k, an amount that Kuhn did not find appropriate for the scope of his injuries. Additionally, USAA's assignment of comparative negligence during the legal process undermines the duty to act in good faith to insured. While USAA eventually offered the policy limit of $250k, Kuhn claims that this was strategic to delay payment and avoid paying valid claims immediately.

Defendant USAA claims that the lack of payment was due to further investigation into the underlying facts of the accident. While these facts show Kuhn received injuries, representatives for USAA believe the damage was exaggerated. While USAA agreed to pay policy limits, its representatives claim this is a litigation strategy, not a confirmation of Kuhn's injuries.

Outcome

Verdict for plaintiff.

Total Damages: $114 million
Including $14 million in compensatory damages and $100 million in punitive damages.