Date: 07-11-2016

Case Style: Steven K. Snyder and Ricki Snyder v. USAA Casualty Insurance Company d/b/a USAA and d/b/a United Services Automobile Association

Case Number: CJ-2015-2287

Judge: Bryan C. Dixon

Court: District Court, Oklahoma County, Oklahoma

Plaintiff's Attorney:

Mark Bonner

Defendant's Attorney:

Brandon Buchanan

and



Bill Leach

Description: Oklahoma City, OK - Steven K. Snyder and Ricki Snyder sued USAA Casualty Insurance Company d/b/a USAA and d/b/a United Services Automobile Association on a bad faith breach of insurance contract claiming:

1. This Court has jurisdiction pursuant to 12 Okla. Stat. § 2004(F).

2. This Court is the proper venue because the action arose in Oklahoma County.

3. On or about April 4, 2011, Meghan K. McMahon negligently drove a brown Lexus automobile in such a manner as to cause a collision with the vehicle driven by Steven K. Snyder on Britton Road near the Lake Hefner Parkway in Oklahoma County.
4. Steven K. Snyder, at the time of the wreck, was stopped for a stop sign at an intersection.

5. Meghan K. McMahon had a duty to operate her vehicle in a safe and reasonable manner.

6. Meghan K. McMahon breached that duty and caused injury to Steven K. Snyder.

7. Meghan K. McMahon failed to maintain control of her vehicle to avoid a collision with Plaintiff Steven K. Snyder's vehicle.
8. Just prior to and at the time of the collision, Meghan K. McMahon was operating her vehicle negligently, in at least the following ways:
a. Failing to maintain control of her vehicle to avoid a collision;

b. Failing to exercise due care to avoid a collision;

c. Failing to maintain situational awareness;

d. Following too closely;

e. Failure to lower speed so as to be able to stop within an assured clear distance ahead;
f. Failing to devote full time and attention to driving;

g. Failing to have due regard for the safety of persons and property on the roadway;

h. Failing to operate the vehicle in a safe manner under the prevailing conditions;

1. Operating a vehicle which was not properly maintained in an unsafe manner; and J . Driving at an unsafe rate of speed under the conditions.
9. The breached duties and the negligent and reckless acts and omissions of Meghan K. McMahon, described above, were a direct and proximate cause of the injuries and damages suffered by Plaintiffs.
I 0. Plaintiff Steven K. Snyder is entitled to recover from Meghan K. McMahan:

a. Medical expenses, past and future;

b. pam;

c. anguish;

d. shock and fright;

e. lost income;

f. lost earning capacity;

g. incidental costs;

11. At all pertinent times, Steven K. Snyder was married to Riki Snyder. Due to the physical injuries caused by Meghan McMahon to Steven K. Snyder, Riki Snyder has suffered and

will suffer a loss of marital consortium.

12. Meghan McMahon is underinsured.

13. Defendant USAA Casualty Insurance Company is Plaintiffs' uninsured motorist carrier.

14. Within the previous two years, Plaintiffs have demanded that Defendant USAA Casualty Insurance Company tender its UM limits.
15. Defendant USAA Casualty Insurance Company has failed to tender its primary UM coverage and, furthermore, has failed to tender the amount at which it has evaluated the claim.
16. Defendant USAA Casualty Insurance Company has breached its contract with the Plaintiffs.
17. Defendant USAA Casualty Insurance Company is liable for failing to fulfill its obligations as an insurance carrier and is guilty of bad faith in dealing with its insured.
18. As a proximate result of the aforementioned wrongful conduct of Defendant USAA Casualty Insurance Company, Plaintiffs have suffered damages under the terms of the insurance policy.
19. Defendant USAA Casualty Insurance Company willfully and intentionally wronged the Plaintiffs or treated the Plaintiffs with such gross negligence and reckless disregard of Plaintiffs' rights so that malice may be inferred, entitling Plaintiffs to punitive damages in a sum to be determined by this Court and the jury.

Outcome: Settled for an undisclosed sum and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

Comments: