Date: 09-22-2000

Case Style: Karen Peters v. American Income Life Insurance Company

Case Number: CJ-97-5433

Judge: Ronald L. Shaffer

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Gary Eaton and Bill Sparks, Tulsa, Oklahoma

Defendant's Attorney: Elsie Draper and Tim Carney, Tulsa, Oklahoma

Description: Plaintiff sued Defendant for breach of contract and bad faith seeking compensatory and punitive damages after her mother was killed in a car accident in December 1996 and the Defendant denied benefits for $4,060 for life insurance and $40,000 for accidental death benefits under two policies she believed were in force and effect at the time of her mother's death.

Defendant claimed that no premiums were paid when the application was taken in August of 1996 and that the decedent had instead purchased a life insurance policy with a face amount of $5,000, for which they did pay benefits.

Outcome: Plaintiff's verdict for $500,000.10 on the breach of contract claim, $44,040 on the bad faith claim, and $500,000 in punitive damages.

Plaintiff's Experts: Lloyd Scherwinski, Tulsa, Oklahoma, insurance

Defendant's Experts: None

Comments: Reported by Kathie Schiermeister