Guzman v. Allstate Indemnity Co. CA2/8
In February 2009, Delina Guzman suffered injuries in an automobile accident, for which she was not at fault. She sought underinsured motorist coverage (UIM) from her insurer, Allstate Indemnity Company (Allstate). While that matter was pending, Guzman was injured in a second automobile accident on January 20, 2010, for which Guzman also was not at fault. Guzman filed a second UIM claim with Allstate. Allstate began investigating Guzman’s injuries after her formal demand in 2012. By 2014, Allstate had not settled the matter, so Guzman filed for arbitration, which increased her attorney fees. The arbitrator awarded Guzman the full limits on the policy. Guzman then sued Allstate for breach of the implied covenant of good faith and fair dealing, or bad faith. Following trial, the jury awarded Guzman economic damages but no noneconomic damages.
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