Date: 01-24-2014

Case Style: Donna Burns v. Tera Tucker and American Mercury Insurance Group

Case Number: CJ-2010-7026

Judge: Linda G. Morrissey

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Juliet N. Brennan

Defendant's Attorney:

Description: Donna Burns sued Tera Tucker and American Mercury Insurance Group on auto negligence theories claiming:

1. Plaintiff is a resident of Tulsa County, Oklahoma.

2. Upon information and belief, Defendant, Tera Tucker, is a resident of Tulsa County, Oklahoma.

3. Defendant, American Mercury Insurance Group (Mercury) is an insurance company unincorporated in the State of Oklahoma but doing business in Tulsa County, Oklahoma.

4. On March 14, 2009, Plaintiff was involved in an automobile accident in Tulsa County, Oklahoma with Defendant Tera Tucker; said accident was wholly caused by the negligence of Tera Tucker. Plaintiff was injured in the collision and has incurred medical expenses and will incur medical expenses in the future Plaintiff is entitled to judgment against Defendant Tera Tucker for all damages Plaintiff has incurred and will reasonably incur in the future as a result of Tera Tucker’s negligence.

5. At the time of the accident, Defendant, Tera Tucker, did not carry sufficient liability insurance to compensate Plaintiff for her damages.

6. At the time of the accident, Plaintiff was insured under a policy of automobile insurance written by American Mercury Insurance Group.

7. The insurance policy provided Plaintiff with uninsured/underinsured motorist coverage.

8. Plaintiff was injured in the collision, and said injuries were due to the negligence of Defendant, Tera Tucker. Plaintiff incurred medical bills and will incur more medical bills in the future as a result of the collision.

9. Plaintiff made a claim for these injuries and bills with Mercury.

10, Mercury acknowledged Plaintiff’s claims; yet, intentionally refused and/or delayed to promptly handle and/or pay the claims.

11. Mercury’s conduct was in clear disregard of the obligations it owed Plaintiff under the policy terms.

12. Mercury’s refusal to properly pay Plaintiff’s claims amounts to a breach of the insurance contract, entitling Plaintiff to damages for breach of contract against Mercury.

13. The intentional, reckless, and wrongful conduct of Mercury amounts to a bad faith breach of the insurance policy and Mercury’s duty of good faith and fair dealing with its insured, entitling Plaintiff to an award of punitive damages against Mercury.

WHEREFORE, Plaintiff prays for judgment in excess of the jurisdictional limits for federal court, plus interest, costs and attorney fees against Defendant, Tera Tucker, and against Defendant Mercury, Plaintiff prays for judgment of the maximum policy limits of the policy, plus interest, costs, attorney fees, and punitive damages, and such other and further relief as the Court deems just.

The defendants did not appear or answer.

Outcome: Settled and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

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