The Buffalo news reported today on a case where progressive insurance interjected itself into a lawsuit to avoid paying $75,000 to the family of its insured who was killed in a car crash by trying to blame the accident on her.
What is rare is that it was reported in the Buffalo News, what is not rare is that it happens very often. The News likely reported the story as it got much Internet activity when the attorney for Kaitlynn Fisher blogged about it and Progressive Insurance tried to fight off negative publicity.
33-year-old Matt Fischer blogged about Progressives treatment regarding his sister Caitlin, who lost her life in a June, 2010 car crash. Last week a jury found the other driver at fault. Her own insurance company, progressive’s effort to argue it was his late sister’s fault in an attempt to not pay $75,000 owed to the family. The $75,000 was owed because the Fishers had purchased additional SUM coverage from progressive, their own company.
Progressive had a legal duty to actin good faith and deal with the Fishers fairly and reasonably value the loss. As injury attorneys we routinely help good hard-working people deal with abusive insurance conduct. This
is just one example.
Unfortunately, in New York State insurance companies routinely get away with this type of conduct. The it is almost impossible in New York State to pursue a punitive damage claim against an insurance company regardless of how wrongly they deal with their own customers. The laws addressing wrong doing insurance companies should be strengthened.
