Insurance Company Pays for Ignoring Its Insured

While driving on U.S. 41 in Port Charlotte, John Smith (not his real name) was struck by a pick-up truck driven by a motorist who neglected to carry any liability insurance. Naturally, Mr. Smith looked to his own insurer, Allstate Insurance Company, to whom he had paid premiums for uninsured motorist coverage, to pay for his damages sustained in the accident. Allstate, however, chose to ignore its own insured, and refused to pay for Mr. Smith's damages.

Attorney Cathy Gemma agreed to help Mr. Smith in his fight against Allstate. When Allstate refused to offer more than $1,500.00 to resolve Mr. Smith's claim, Cathy took the case to trial. After a two day trial, a Charlotte County jury rendered a verdict in excess of $40,000.00 in favor of Mr. Smith. The damages award Cathy recovered for Mr. Smith triggered an entitlement to attorney's fees pursuant to a Proposal for Settlement, which cost Allstate an additional $28,000.00. As a result of Cathy's efforts, not only did Allstate pay its insured over 25 times its highest settlement offer, but Allstate had to pay Mr. Smith's attorney's fees as well.