Date: 08-19-2014

Case Style: Crutis A. Scott v. American First Insurance Company, et al.

Case Number: CJ-2011-1380

Judge: Mark Barcus

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Guy A. Thiessen

Defendant's Attorney: Lindy Hawes Collins, Todd M. Wagner and William W. O'Connor for Liberty Mutual Insurance Company, et al.

Scott Robert Hall for Jasmine S. Sampson

Description: Crutis A. Scott v. American First Insurance Company, et al.

Issue # 1.
Issue: AUTO NEGLIGENCE (AUTONEG)
Filed by: SCOTT, CURTIS A
Filed Date: 03/10/2011
Party Name: Disposition Information:

Defendant: SAMPSON, JASMINE S
Disposed: DISMISSED - WITH PREJUDICE, 07/01/2013. Dismissed- Settled.

Issue # 2.
Issue: DAMAGES (DAMAGE)
Filed by: SCOTT, CURTIS A
Filed Date: 05/29/2013
Party Name: Disposition Information:

Defendant: SAMPSON, JASMINE S
Disposed: DISMISSED - WITH PREJUDICE, 07/01/2013. Dismissed- Settled.

Defendant: AMERICA FIRST INSURANCE COMPANY
Disposed: DISMISSED - SETTLED, 07/31/2014. Dismissed- Settled.

Defendant: LIBERTY MUTUAL INSURANCE COMPANY
Disposed: DISMISSED - SETTLED, 07/31/2014. Dismissed- Settled.

Defendant: OHIO CASUALTY INSURANCE COMPANY
Disposed: DISMISSED - SETTLED, 07/31/2014. Dismissed- Settled.

Defendant: AMERICA FIRST INSURANCE COMPANY
Disposed: DISMISSED - WITH PREJUDICE, 08/19/2014. Dismissed- Settled.

Defendant: LIBERTY MUTUAL INSURANCE COMPANY
Disposed: DISMISSED - WITH PREJUDICE, 08/19/2014. Dismissed- Settled.

Issue # 3.
Issue: BAD FAITH INSURER LIABILITY (INSURE)
Filed by: SCOTT, CURTIS A
Filed Date: 05/28/2013
Party Name: Disposition Information:

Defendant: LIBERTY MUTUAL INSURANCE COMPANY
Disposed: DISMISSED - SETTLED, 07/31/2014. Dismissed- Settled.

Defendant: OHIO CASUALTY INSURANCE COMPANY
Disposed: DISMISSED - SETTLED, 07/31/2014. Dismissed- Settled.

Defendant: AMERICA FIRST INSURANCE COMPANY
Disposed: DISMISSED - SETTLED, 07/31/2014. Dismissed- Settled.

Defendant: AMERICA FIRST INSURANCE COMPANY
Disposed: DISMISSED - WITH PREJUDICE, 08/19/2014. Dismissed- Settled.

Defendant: AMERICA FIRST INSURANCE COMPANY
Disposed: DISMISSED - WITH PREJUDICE, 08/19/2014. Dismissed- Settled.

CÔES NOW the Plaintiff, CURTIS A. SCOTT, and for his causes of action against tR Defendants, alleges and states as follows
I 2 T1s case arises out of a motor vehicle collision that occurred on or about May 16, 2009 in Tulsa County, State of Oklahoma of which the Plaintiff is a resident.
2. On or about the date above, Defendant JASMINES. SAMPSON drove her car into the rear of Plaintiff’s vehicle which had stopped for traffic.
3. The collision was caused by the negligence of Defendant SAMPSON as follows:
A. She was distracted by use of a cellular telephone;
B. She failed to stop for traffic;
C. She failed to keep a clear distance from other vehicles on the roadway;
D. She was careless;
E. She failed to maintain a proper lookout;
F. She was otherwise distracted while driving;
G. She violated various Statutes of the State of Oklahoma; and
H. She was otherwise negligent as will be more fully set forth after discovery is completed.
4. As a result of the negligence and recklessness of the Defendant SAMPSON, the Plaintiff suffered injuries and damages in excess of $75,000 as follows:
A. Past and future medical expenses;
B. Past and future physical pain and suffering;
C. Past and future mental pain and suffering;
D. Past and future loss of earnings and loss of earning capacity;
E. Permanent impairment;
F. Disfigurement;
G. Past and future lost wages;
H. Punitive damages; and
I. Other damages to be more fully set forth after discovery is completed.
5. At the time of the collision, the Plaintiff had in force and effect an automobile insurance policy with Defendant AMERICA FIRST INSURANCE COMPANY which included Uninsured/Underinsured Motorist (UM) coverage in the amount of $1 million per occurrence.
6. At all relevant times herein, AMERICA FIRST INSURANCE COMPANY was/is a wholly owned subsidiary of Defendant LIBERTY MUTUAL INSURANCE COMPANY and was controlled by or was otherwise the alter ego of LIBERTY MUTUAL INSURANCE COMPANY. (The companies will be collectively referred to herein as AFIC/LMIC),
7. On January 6, 2010, the Plaintiff properly presented a notice of claim to AFIC/LMIC and in the months thereafter provided AFIC/LMIC with medical information, medical bills, and proof of lost wages. The Plaintiffs medical care and treatment continued for many months thereafter.
8. On March 10, 2011, suit was filed in this matter after negotiations with Defendant Simpson’s insurance company failed. Discovery in the case progressed for many months.
9. On or about October 1, 2012, the Plaintiff advised AFIC/LMIC in writing that the insurer for Defendant Simpson was offering all liability insurance limits and requested that AFIC/LMIC either substitute payment or waive subrogation pursuant to Okia. Stat. Tit. 36, §3636. The Plaintiff also requested that AFIC/LMIC advise of its valuation of the Plaintiff’s injuries and damages for the purposes of the Plaintiff’s UM claim.
10. On October 16, 2012, AFIC/LMIC responded to the notice of insurance limits offer by requesting information and documents that confirmed that AFIC/LMIC had not conducted a prompt, reasonable, or otherwise proper investigation of the Plaintiffs claim. Specifically, and without limitation to other conduct, AFIC/LMIC:
a. Failed to timely inquire of Defendant SAMPSON’S liability insurer as to the liability insurance limits so as to allow AFIC/LMIC to know if UM proceeds are immediately due and payable;
b. Failed to timely conduct an investigation as to Defendant SAMPSON’S
liability for the causing the collision so as to allow AFIC/LMIC to determine the Plaintiffs entitlement to UM proceeds;
c. Delayed evaluation and payment of UM proceeds until after a settlement was negotiated with Defendant SAMPSON’s insurer; and
d. Contacted the attorney for Defendant SAMPSON and conditioning a waiver of UM subrogation upon the attorney providing information and documents that AFIC/LMIC clearly should have already obtained if it had conducted a proper evaluation.
11. On or about January 24, 2013, AFIC/LMIC finally evaluated the Plaintiffs claim and an offered an amount grossly and unreasonably low under the circumstances.
12. Based upon the above facts as well as other conduct by AFIC/LMIC in the mishandling of the Plaintiff claim, AFIC/LMIC has breached the insurance contract with the Plaintiff. Further, AFIC/LMIC’s has acted in bad faith and in violation of its duty of good faith and fair dealing under Oklahoma law.
13. As a direct result of AFIC/LMIC’s breach of the insurance contract, the Plaintiff seeks full and reasonable compensation for the injuries and damages he has suffered in the past and to be suffered in the future as set forth in paragraph 4 above and which exceeds $75,000.
14. As a direct result of AFIC/LMIC’s bad faith conduct, the Plaintiff has suffered mental anguish and other damages in excess of $75,000. Further, the AFIC/LMIC’s conduct is such that punitive damages should be assessed against it in an amount that exceeds $75,000.
WHEREFORE, the Plaintiff prays for judgment against the Defendants for the injuries and damages set forth above, costs of suit herein incurred, interest and such other and further relief as the Court deems just and equitable.

Outcome: 08-19-2014 DISPCVDMWP 2 AMERICA FIRST INSURANCE COMPANY 91047527 Aug 20 2014 7:52:38:660AM - $ 0.00
DISMISSAL WITH PREJUIDCE
08-19-2014 DISPCVDMWP 3 AMERICA FIRST INSURANCE COMPANY 91047528 Aug 20 2014 7:52:38:800AM - $ 0.00
DISMISSAL WITH PREJUDICE
08-19-2014 DISPCVDMWP 2 LIBERTY MUTUAL INSURANCE COMPANY 91047529 Aug 20 2014 7:52:38:720AM - $ 0.00
DISMISSAL WITH PREJUDICE

Plaintiff's Experts:

Defendant's Experts:

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