In a recent trial, RCDM attorneys Jack Klecan and Kelly Hedberg successfully defended their clients in an insurance bad faith action. The clients were a national insurance carrier and its adjuster.
The Plaintiff suffered an on-the-job injury and alleged that his claim for workers’ compensation benefits was unreasonably delayed and denied. Defendants were able to show that the description of injury did not describe a compensable injury (arising out of and in the course of the Plaintiff’s employment). Defendants were also able to show that Plaintiff did not contact the Defendants in furtherance of his claim for workers’ compensation benefits for more than two months and did not seek medical care for more than five months. As a result, Defendants were able to prove that they did not act unreasonably in the processing of his workers’ compensation claim. The jury agreed and returned a unanimous defense verdict after deliberating for approximately one hour.