Albuquerque Lawyer Who Sued Insurer Awarded $11 million

July 5, 2006

  • July 10, 2006 at 7:49 am
    chris russell says:
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    Hal: Sorry I directed my last post to you. It was intended for WJK. My apologies.

  • July 10, 2006 at 4:00 am
    Eric says:
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    I had quite an experience with Allstate 2 years ago. My car, legally parked in my driveway was struck by a street-racer travelling > 100 mph who decided to swerve into our residential neighborhood and completely annhilate my car. He was insured by Allstate. I got his policy info and contacted Allstate to pay my claim. They agreed, my car was a total loss and their was a valid policy in force. I called them every day for about a month and they kept assuring me they would pay my claim soon.

    After a month of this, I got tired of waiting, so I reported the claim to my carrier, Geico, who within days paid me for the total loss to my car. My adjuster told me Allstate had denied my claim and listed me as the \”at-fault\” party. I guess my parked car seductively was asking for it!

    I talked to Geico about a year later and for curiousity\’s sake asked how their subrogation claim was going and they groaned and said they still had never recovered from the \”Good Hands People\”.

    Hearing from others, I guess this is typical Allstate?

    Eric

  • July 10, 2006 at 4:07 am
    Hal says:
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    People resent those they depend on most.
    That lawyer should have had professional liability.
    The last I checked, Allstate does not write that coverage.

  • July 10, 2006 at 5:36 am
    wjk says:
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    Everyone seems to forget that insurance companies are just conduits for processing OUR money. The jury just ordered every man, woman and child in N. Mexico to pay Ms. Guest about $5.75 so she could receive more money than she could earn in lifetime. I think those of you who think that is a good thing do so only to preserve your dream of hitting the Lotto jackpot in our courts, just as the jury did.

  • July 10, 2006 at 6:02 am
    Josh says:
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    WJK:

    How can you say that? We do not know what evidence the jury heard. I presume that jurors in New Mexico are, if anything, conservative.

    Yes, this woman may have received a large award. But, no doubt, the judge will reduce it if he believes it is unreasonable. There are checks to ensure that the law is fairly administered.

    What you have to ask yourself is what did Allstate do to get those jurors so angry?

    Maybe, Allstate won\’t do it again. Especially, if that conduct doesn\’t save them money but instead costs them money.

    I am sure that even if you heard the evidence, you would have done close to the same thing.

  • July 10, 2006 at 6:40 am
    Irene says:
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    Neil,

    The book is called \”From Good Hands to Boxing Gloves\”, How Allstate Changed Casualty Insurance in America. By David Berardinelli a New Mexico attorney. List Price $295.00. Will be released summer of 2006.You can order it from http://www.trialguides.com/allstatebook.htm. It\’s designed for use by Trial Lawyers suing Allstate. Has alot of reference and instructional materials. There may be another issue printed for the general public. Personally, I can\’t wait to get a copy.

  • July 11, 2006 at 8:47 am
    Hal says:
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    No problem, Chris.
    Josh, I\’m sure there are some in-house insurance company lawyers, but in 33 years of being an agent all the claims I\’ve seen used local law firms. Hense, the lawyer is a separate entity from the ins co.

  • July 11, 2006 at 12:50 pm
    Scott says:
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    If I got the correct info from the New Mexico Court site, the underlying case appears to have been a UM claim and the UM claimants then filed suit against Allstate and Allstate\’s defense attorney and a third lawyer (who did they rep in the underlying matter?) for BREACH OF THE IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING, FRAUD, NEGLIGENT MISREPRESENTATION, INTERFERENCE WITH CONTRACTUAL RELATIONS, ATTORNEY-CLIENT RELATIONSHIP AND DEFENSE, INTERFERENCE WITH PROSPECTIVE CONTRACTUAL RELATIONS MALICIOUS ABUSE OF PROCESS, AND PRIMA FACIE TORT.

    It also appears Colony Insurance may have had the attorney\’s malpractice coverage as they filed a dec action related to all this.

    I still don\’t have any specifics as to what allegeldy underlies these allegations so I still say none of us have a full picture. Does anyone know what supposedly went on? I bet we learn more from the appeal.

  • July 11, 2006 at 1:07 am
    Hal says:
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    I think claimants on UM would have to be either the insured or a passenger in the insured\’s car.

  • July 11, 2006 at 2:46 am
    M L says:
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    Scott, don\’t you have anything else to do besides surf the claims news to see who won what?



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