A Los Angeles jury found State Farm’s failure to pay policy benefits for Doherty’s Malibu home were “unreasonable and without proper cause.” As a result the Los Angeles jury awarded $6.3 million to Doherty on Monday in a lawsuit alleging that State Farm failed to pay sufficiently for damage to her house in a 2018 California wildfire. The jury found that the insurance giant’s failure to pay policy benefits for Doherty’s Malibu home were “unreasonable and without proper cause.” The verdict covers damages to Doherty’s house and property, emotional distress and attorney’s fees.
The Judicial Council of California provides certain factors that can be considered in deciding if an insurance company acted unreasonably. The presence of any one of the following factors is not conclusive evidence of bad faith, but can help establish your case:
• Misrepresenting relevant facts or insurance policy provisions;
• Failing to acknowledge a claim and to act promptly after receiving a claim;
• Failing to adopt and implement reasonable standards for the investigation and processing of claims;
• Failing to either approve or deny claims within a reasonable time after the insured has submitted proof of loss; or
• Failing to provide a reasonable explanation or reasons for denying the claim.
“We thank the members of the jury for their thoughtful consideration of Shannen’s case,” Doherty’s attorney Devin McRae said in a statement. “We are happy they saw the case the way we do. This should send a message to State Farm and other institutions that they should not forget they are dealing with human beings.” During the course of the litigation it was also revealed that the breast cancer Doherty had been diagnosed with in 2015 had recurred and had progressed to stage 4. The five year survival rate for stage 4 breast cancer is 28%.
Court documents were introduced and stated that “instead of living out her remaining years peacefully in her home, Ms. Doherty remains displaced and battling with her insurance company.” In its own statement Monday, State Farm said, “We empathize with Ms. Doherty’s health and wish her the best. We are disappointed by the jury’s decision and respectfully disagree with it. We will explore all available legal options, including appealing the verdict.”
We represent people who are injured because of the careless and reckless acts of others. At the end of the day your case can only be settled one time and you need to know all of the facts beforehand. The reason that insurance companies have paid our clients in excess of $130,000,000.00 is that we get the facts and are not intimidated at the prospect of going to trial when insurance companies fail to offer full compensation. We help with serious injuries that require serious representation. We are the Law Offices of Guenard & Bozarth, LLP. Our attorneys have more than 60 years of experience specializing in only representing injured people.. Call GB Legal 24/7/365 at 888-809-1075 or visit www.gblegal.com We would be honored to represent you!
