$21 Million Verdict Against Nationwide Mutual Ins. Co.
Berg v. Nationwide
In an insurance bad faith action, arising from a $25,000 collision claim,
Mayerson Law secured a punitive damage award of $18 million, plus $3 million
in attorney fees, against Nationwide Mutual Insurance Company. The verdict
was entered in Berks County on June 21, 2014. This is the largest insurance
bad faith verdict, by a policy holder against their own insurance company,
in Pennsylvania history.
To learn more about the trial court opinion for
Berg versus Nationwide, review the following:
Injured Good Samaritan Receives-
An auto mechanic was struck and injured by a hit and run driver while trying
to assist a stranded motorist. When his insurance company refused to fairly
adjust his claim, Mayerson attorneys pressed a bad faith claim to a $1,965,000.00
out of court settlement
Head On Collision Case-
My client, Kelly K., was involved in a head on collision, sustaining multiple
fractures to her arms, legs, and pelvis. Her recovery was long and painful,
and she was left with substantial residual scarring to both legs and a
permanent limp. At the time of the accident she was already permanently
disabled. Thus, her damages were largely non economic, i.e. pain and suffering.
Young Single Mother Permanently Disabled in Head-On Collision-
Mayerson attorneys were able to obtain a 1.15 million dollar settlement
for a young woman who suffered multiple compound fractures after being
struck head-on by a negligent driver.
Father of Three Receives More than the Available Insurance Coverage-
When an electric company employee and father of three was badly injured
in a head-on collision, the insurance company unreasonably refused to
settle on its $500,000 policy limits. An arbitration panel found that
the insurance company had acted in bad faith and forced it to pay policy
limits, plus an additional $600,000, for a total recovery of $1.13 million.
Truck Driver Awarded More Than $1 Million for Shoulder and Arm Injury-
Mayerson attorneys were able to obtain $1.075 million for a truck driver
who suffered a torn rotator cuff and detached bicep tendon after his rig
was t-boned by a negligent driver.
Underinsured Motorist Arbitration-
In this case, our clients were hit head on in the west bound lane of Route
422, by a women driving eastbound, in the westbound lane. Our client,
husband and father of four, sustained significant injuries requiring a
fusion of his cervical spine, and a significant post concussive syndrome.
The case is noteworthy because the insurer paid well over $660,000 of
underinsured motorist benefits, even though the policy provided only $60,000
of benefits. The extra $600,000 was paid pursuant to a written agreement
precluding any future lawsuit for insurance bad faith being filed against
the insurance company for its handling of the underinsured motorist claim.
The written agreement was reached just prior to the verdict being awarded.
It was paid immediately after the verdict was secured.
Insurance Company Forced to Pay Teenage Motorcyclist More than Its Coverage Limits-
A negligent motorist struck a teenaged motorcyclist head-on, causing disabling
injuries. The negligent driver’s insurance company refused to handle
the claim properly. Mayerson attorneys were able to force that insurer
to pay $1.025 million – beyond its coverage limits – when
it became clear that the insurance company had acted in bad faith.
Settlement for Head-On Collision-
Mayerson attorneys were able to secure all available insurance coverage
for a client struck head-on by a negligent driver.
Driver with Prior Spine Surgery Receives-
When a rear end collision caused damage to surgical hardware implanted
during our client’s prior spinal surgery, Mayerson attorneys were
able to settle her claim for $750,000.
Motor Vehical Injury-
Peter Kenny was 19 years old when he sustained an injury to his hip in
a motor vehicle collision. Peter's doctors diagnosed a progressive
hip injury (labral tear) that could be treated conservatively through
surgery but that Peter would eventually require a total hip replacement
by the time he reached the age of 40.
After settling the liability claim with the defendant driver for the $20,000
limits of that driver's liability coverage, an underinsured motorist
claim (UIM) was submitted to the insurer of Peter Kenny's family.
The insurer resisted the claim for many months and eventually offered
only $10,000 to settle it. That offer was rejected, and after years of
litigation, the insurer ultimately paid $570,000.00 to settle the UIM claim.
I filed a lawsuit against the insurer, detailing the insurer's bad
conduct. The suit was filed June 1, 2006. It settled in less than 6 months
for an additional $400,000.00.