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  • Geico to Pay $23 Million to Newport Beach Driver

    May 09, 2018
    3
    Geico to Pay $23 Million to Newport Beach Motorist, Geico to Pay 23 Million to Newport Beach Driver, Omar Dauod Geico, Geico, Geico 23 million
    Geico to Pay $23 Million to Newport Beach Driver
    in Insurance Claims, Personal Injury, JT Legal Group Blog

    Geico to Pay $23 Million to Newport Beach Motorist

    On October 29, 2009, Omar Dauod was severely injured in a car accident. The opposing driver ran a stop sign and severely impacted Dauoud – causing him to be hospitalized for nerve and blood vessel damage.

    Loss and Suffering

    Such impact had paralyzed Dauod’s left arm, as well as leaving him in a $900,000 loss from injuries and lost income. Since the accident, Dauod underwent surgery and received ongoing treatment in 2010 and 2011. These medical expenses added up to over $125,000. The severe impact and injuries left Dauod unable to work.

    Limited Liability

    Given the other driver’s insurance was limited to $100,000, Mr. Dauod was inclined to file a claim with his own insurance, Geico Indemnity, Co. In April and May of 2012, Dauod had sent a request to his insurer in the amount of $400,000. This request began the horrifying six-year dispute with Geico.

    A Delay in Communication

    Though the accident was in 2009, Dauod had still not received a proper response from insurance. Being unable to work, after enduring surgery and treatment, as well as losing two of his properties, Dauod had retained with Allen, Flatt, Ballidis & Leslie, a Newport Beach law firm. “We asked GEICO to tender the $400,000 in underinsured motorist payments and $5,000 in medical payments on July 9, 2012, and it was ignored. The arbitrator awarded the $400,000 to Mr. Dauod in November 2013. We tried to settle in October 2014 rather than enter litigation with a bad faith law suit, but were rejected, hence filing on Dec. 12, 2014,” said Ballidis. Dauod’s claim wasn’t fulfilled until 1 ½ years after he filed the claim.

    Mr. Dauod's Life on Hold

    Mr. Dauod was a real estate developer in Newport Beach. After the accident, he was unable to work and lost two of his properties. One of the properties was a development in the making, a project in Colorado. Since Dauod was injured and unable to travel, oversee the project, or manage the entirety of the investment, this $1.4 million development was lost.

    Trial

    A four-week trial beginning March 29th had concluded that the victim, Mr. Omar Dauod, must receive $9.9 million in general damages. A couple weeks later on April 10th, the jury further awarded $13 million from punitive damages – thus bringing the grand total settlement to $23 million for Mr. Dauod.

    In total, the following were awarded to Mr. Dauod:

      • $9,962,494.66 via overall Bad Faith Conduct
      • $4,000,000 for pain and suffering
      • $1,942,618 for the loss of business (including interest)
      • $3,911,520 for the loss of business (including interest); and
      • $108,335 in attorneys’ fees

    While being awarded from damages, the jury summarized the following:

      • Geico delayed proper payments of policy rights unreasonably and without proper cause,
      • The delays in proper payments caused harm to the plaintiff,
      • Insurer Geicos’ actions had resulted in past and future economic loss to the plaintiff,
      • Insurer Geico had prompted noneconomic loss including emotional distress and mental suffering,
      • Insurer Geico had engaged in conduct with malice, oppression and fraud; and
      • Insurer Geico’s team of officers and managers knew of, approved and authorized the misconduct


    “Mr. Dauod couldn’t work, he had ongoing medical bills he couldn’t pay, and they lost their two homes, which was humiliating,” Ballidis said. “GEICO knew of their troubles, but rather than expediting reimbursement, the company continued with delay tactics. It has a proven pattern of delaying payments of claims to try and force plaintiffs to accept a lower amount, while they have use of the money. They requested spurious and irrelevant documents, disputed the need for Mr. Dauod’s medical treatments and delayed scheduling a medical examiner for more than a year. The GEICO-appointed examiner agreed with Mr. Dauod’s doctors, which GEICO never shared until forced to during arbitration.”

    Bad Faith Attorneys

    Unfortunately, this isn't the first occurrence of bad faith insurance practice. While this may serve as a great example, there are many policyholders out there who are unaware of this neglect. In fact, many of these policyholders often settle for the first offer their insurance gives them, which may be unreasonably unfair. There is also another option, whereas a well-deserved claim gets wrongfully denied. In order to avoid this belittlement, or to assure your claim will be properly executed, contact our Insurance Bad Faith Attorneys at JT Legal Group.

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