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A Maryland wrongful death claim has only intensified after being settled in court. According to a report from ABC’s “Good Morning America” online, the family of a young woman killed in a 2010 car crash claims that her insurance company, Progressive, teamed with defendant’s insurers in an attempt to avoid paying out on her policy. It is a classic example of a insurance bad faith case.

The Argument

24-year-old Kaitlynn Fisher was killed in an accident two years ago when another driver failed to stop at a red light. The insurance company for the defendant paid Ms. Fisher’s family immediately. However, because the defendant’s coverage was insufficient, the family turned to the decedent’s insurer, Progressive, with whom she carried underinsured motorist coverage.

Ms. Fisher’s family claims that throughout the trial Progressive attorneys worked side-by-side with the defendant’s, even presenting opening and closing arguments, in order to avoid paying their part. Progressive attorneys, meanwhile, deny the allegations, citing that they did, indeed, pay the family after the legal proceedings were concluded.

Legal Issues

The foundation for the family’s argument is a Maryland law which requires insurance companies to work with its clients in good faith. An attorney for the victim’s family, Allen Cohen, states, “We question the good faith behavior of Progressive.” He went on to state that the Fisher family, “is exploring avenues of additional damages.” It is important to note Maryland’s contributory negligence law prohibits recovery for individuals who share even minimal blame for an accident.

There apparently is some question as to whether Ms. Fisher or the defendant ran the red light which caused the fatal collision. The brother of the victim concedes that his sister may have been at fault in the accident, but “it didn’t look that way.” He noted that a witness testified that his sister had a green light.

Regardless of the outcome of the Fisher family’s legal pursuit, the story brings to light a troubling dilemma for motorists who assume that their insurers will behave in good faith.

Has Your Insurance Company Acted in Bad Faith and Denied a Perfectly Valid Claim?

Even seemingly simple accident claims can be challenged. Without an injury attorney in your corner, you will be at a significant disadvantage in arguing your case. If you have an insurance claim that was denied, call insurance bad faith attorney Samer Habbas at 888.848.5084 today for a free case review.