Misevaluation Of Injury Supports Bad Faith Ruling, Louisiana Panel Rules

BATON ROUGE, La. - Finding clear evidentiary support that an insured suffered a 4-1/2-month injury, not 2-1/2 months as his insurer determined, a Louisiana appeals panel on March 23 affirmed a lower court's judgment that the insurer breached its duty of good faith and fair dealing in handling an underinsured motorist (UIM) claim (Harry Joseph Haynes v. State Farm Mutual Automobile Insurance Co., et al., No. 2011 CA 1327, La. App., 1st Cir.; 2012 La. App. Unpub. LEXIS 109).

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