Marquez V. State Farm - 1,543,509.09
Insurance Bad Faith
On June 6, 2012, Ms. Marquez was traveling northbound on I-95 in the right-hand lane in the area of mile marker 185.5. At the same time, another northbound vehicle was traveling in the lane to her left. The driver of that vehicle failed to observe the automobile operated by Ms. Marquez and merged into her lane, sideswiping Ms. Marquez’s vehicle. Both vehicles went off the east shoulder of the roadway and down an embankment. The Defendant was issued and paid a citation for the improper lane change, a violation of Florida Statute, Section 316.085(2).
Ms. Marquez injuries included a fractured pelvis, abrasions to her neck, contusions to her abdominal wall, thoracic spine and cervical spine. Ms. Marquez remained hospitalized at the hospital until June 14, 2012, at which time she was discharged to Sea Pines Rehabilitation Hospital for physical therapy and rehabilitation until June 28th. At that time she was released home for care with a home therapist. Ms. Marquez will require ongoing medical care in the form of doctor visits, diagnostic images, physical therapy, and pain medications for the remainder of her life.
Unfortunately, the Defendant’s insurance policy only provided $10,000.00 in bodily injury coverage, therefore, we looked at Ms. Marquez’s policy for underinsured motorist coverage. Ms. Marquez’s policy provided $100,000.00 in underinsured coverage.
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The pre-suit demand to State Farm for the $100,000.00 available under Ms. Marquez’s underinsured motorist coverage was rejected by State Farm. The case proceeded to trial in December 2017. After a week-long trial, the jury issued a verdict awarding Ms. Marquez $1,543,509.09.
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