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Date: 07-14-2014

Case Style: Carolyn Anderson v. Country Financial a/k/a Country Preferred Insurance Company

Case Number: CJ-2013-1229

Judge: Jefferson D. Sellers

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: John Michael Thetford

Defendant's Attorney: Michael J. Masterson

Description: Carolyn Anderson v. Country Financial a/k/a Country Preferred Insurance Company

1. Plaintiff is a resident of Tulsa County, Tulsa, Oklahoma;
2. Defendant Country Financial a/k/a Country Preferred Insurance Company, is an Illinois company doing business in the State of Oklahoma, County of Tulsa.
3 This Court has jurisdiction of this cause as the amount in controversy is in
excess of $75,000.00, exclusive of interest and costs.
4. All of the acts and omissions claimed in this Petition occurred in Tulsa’
County, State of Oklahoma.
I. BREACH OF CONTRACT
5. On or about May 28, 2010, Plaintiff was involved in a traffic collision in Tulsa County. Plaintiff was injured as a result of the accident. The vehicle Plaintiff was driving, was a 2009 Lincoln MKX and was owned by George Elias. Said vehicle was subject to an extensive amount of damage.
6. Prior to the accident, the owner of the vehicle, George Elias procured an insurance policy with Defendant which provided liability coverage, bodily injury coverage, uninsured and underinsured motorist coverage, medical pay coverage and collision coverage.
7. A claim was made on behalf of Plaintiff, Carolyn Anderson, for benefits she was entitled to under said policy. At the time of the accident, the policy was in full force and affect when this accident occurred. In spite of clear entitlement to the claimed benefits, Defendant insurance company without justification, unreasonably denied Plaintiff’s claimed benefits.
8. Plaintiff suffered injury as a result of the willful breach of contract.
WHEREFORE, the Plaintiff prays for judgment against the Defendant for a sum in excess of Seventy-Five Thousand Dollars ($75,000) actual damages, plus attorney fees, interests, costs, prejudgment interest, post-judgment interest, and such other relief as the Court deems just and equitable.
II. BAD FAITH
9. Plaintiff hereby adopts and incorporates the paragraphs I through 8 above into the Second Cause of Action against Defendant.
10. The conduct of the agents, servants, and employees of the Defendantviolate the duty and covenant of good faith and fair dealing with their insured, as follows:
a. Unreasonably handling the claim, causing the Plaintiff to litigate in an effort to recover her damages;
b. engaging in an unwarranted and unreasonable dispute concerning the policy coverage;
c. failure to comply with industry standards;
d. unreasonable delay; and
e. putting the interest of the insurer ahead of the insured.
11. As a direct result of the conduct of the Defendant, the Plaintiff, Carolyn Anderson, has suffered damages including but not limited to economic damages, as well as mental anguish and emotional distress as a direct result of the Defendant’s intentional acts.
12. The conduct of the Defendant was malicious, intentional and exhibited a gross and reckless disregard for the rights of the insured, thereby entitling the Plaintiff to an award of punitive damages against the Defendant.

Outcome: Settled and dismissed with prejudice.

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