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Drunk Driver and Insurance Carrier = Bad Faith Case

WEST PALM BEACH, Fl. - Belky Cruz had just braved another trip to the grocery store. After selecting the items on her list, she waited in line, paid for her groceries and with shopping car loaded was headed to her car. Wham! The next thing Belky remembers was her shopping cart being hit by a car and being thrown to the ground.

Due to this incident Belky Cruz now suffers from lower back pain and carpal tunnel injury sustained from the fall. This causes her great difficulty as she continues to care for her 20+-year-old autistic child.

Without a doubt, driver Charles Foster caused this incident to happen. Upon being administered a blood alcohol test the results produced a .28 reading or three times the legal limit to operate a motor vehicle in the State of Florida.

Space Coast Underwriters insured Foster. However, they waited what seemed to be an eternity to pay Belky Cruz the policy limits, which was indeed in their best interest and that of Charles Foster whom they insured. The company breached its duty of the utmost to Foster by potentially exposing him to a verdict in excess of the policy limit.

Edward M. Ricci attorney with the West Palm Beach based firm of Ricci~Leopold represented Belky Cruz in this matter.

"This incident is the classic case of insurance bad faith. Space Coast Underwriters basically avoided addressing this matter on behalf of their insured," said Ricci. "Knowing that Belky Cruz sat waiting for a resolution to an incident not of her making that had done both physical and emotional harm to her. Their behavior is a clear signal that consumers should thoroughly investigate an insurance company before signing on the dotted line. A company's behavior in settling a claim could end up causing a very real personal liability for the individual they are selling insurance/protection to," he added.

Ricci settled the matter for Belky Cruz well in excess of the policy limits established. "At mediation it was evident and clear that not only liability and responsibility was at issue, but this particular company approached it in bad faith and was required to pay for that. Ms. Cruz and myself both believe that the company could have easily avoided some of the outcome by acting in a timely and responsive matter," Ricci added.

Ricci~Leopold, P.A. was founded in 1982, and is headquartered in West Palm Beach, Florida, with offices located at 1645 Palm Beach Lakes Boulevard. Mr. Ricci can be contacted at 561-684-6500.