Madam jury awards $ 5.3 million of insurance appeal

Missoula (AP) - A federal jury has an insurance company for payment of a woman Bigfork $ 5.3 million in damages in a bath of faith that the appeal accused the company of not paying their fees Medical after a head - a car accident in January 2003.

“It was a very intelligent jury and they were not fooled by a formal apology usual, and she received crazy,” said James A. Polson of Manley, lawyer Samantha Chilcote.

After a five-day trial and eight hours of deliberation by the jury unanimously against the Fireman’s Fund Insurance Co., decide that the company established in California is the bad faith and breach of contract to deny Chilcote’s d ‘insurance.

A spokesman for Fireman’s Fund not immediately return a call Friday for an opinion.

In January 2003, Chilcote suffered permanent brain damage in a head-on collision on the car in U.S. Highway 2, it was not their fault and damages on the amount of other drivers to limit the policy.

Chilcote, a PhD student at the time, his family was insurance for $ 1.5 million in underinsured motorist benefits and $ 15000 in medical benefits. The company refused to pay underinsured motorist coverage and delay payment of their medical benefits until January 17, 2008, cut a check exactly five years from the date of the accident - the same day as a final pretrial conference civilians in their case.

The trial lasted from March 28 at 1 April in U.S. District Court in Missoula.

Jurors found the company guilty despite the reality and the judgement included $ 3.5 million in punitive damages, while the remaining 1.8 million for damages such as medical bills, loss by past and future deserve ability physical pain and suffering, emotional and psychological injuries and loss in place during life. The jury also found guilty of the company for violating Montana’s Unfair Trade Practices Act and awarded $ 35000 Chilcote

“It was a classic case of David and Goliath, where they are only trying to take,” said Chilcote. “I was completely overwhelmed and I am really grateful that the jury to do, and my moral ’s team is behind me. It was really a long, long hard road. ”

Chilcote doctor’s unpaid bills were informed of collections and the insurance company’s refusal to pay and with a delay that may medical treatment, the appeals.

Chilcote, received a doctorate and works of Flathead Lake Biological Station, suffers from a mem-ory in the short term and default remains the treatment of their brain injuries.

U.S. District Judge Donald Molloy must decide whether the judgement in accordance with the law Montana. It is also a general rule, according to the judgement of the letter files Fireman’s Fund to seek a strike or reduce punitive damages, $ 90000 discount on legal fees and approximately 480000 $ Interest.

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