Linley Jones Makes State Farm Pay Big for Bad Faith

April 21, 2008, Atlanta, Georgia Despite policy limits of $100,000, State Farm Mutual Automobile Insurance Company on Friday agreed to pay $500,000 to settle the personal injury claim of a police officer DUI victim represented by Atlanta trial lawyer Linley Jones. Shortly after the collision, in which State Farm’s insured admitted to being under the influence of alcohol, State Farm refused to pay the policy limits settlement demand made by plaintiff’s counsel. Now they have agreed to pay $400,000 on top of policy limits.

The plaintiff, Blayde M. Crockett, suffered a broken wrist and broken foot in the February 26, 2006 collision with State Farm’s insured, the defendant in his personal injury case. The collision occurred at 1:25 a.m. when the defendant crossed over the center line of two-lane Center Hill Church Road in Walton County and collided head-on with the vehicle driven by the plaintiff, who was returning from his work as a police officer at the time. Photographs of the devastating vehicle impact are attached. The insured admitted in court pleadings that her driving ability was impaired by alcohol consumption at the time of the wreck. “Although I have litigated with State Farm for many years, I was as surprised as my client was when State Farm refused to pay this claim,” said trial lawyer Jones. Jones is known for representing police officers and lawyers in personal injury and legal malpractice claims.

After advising State Farm that she intended to pursue a bad faith case for its failure to promptly pay its $100,000 policy limits, Jones filed suit and litigated the case for almost two years before State Farm’s settlement offer on Friday. The personal injury case was expected to go to trial next Monday, April 28, in Gwinnett County before Judge Carla E. Brown. Under Georgia law, an insurance company can become liable for a judgment in excess of policy limits if a plaintiff can prove that his claim for policy limits was denied in bad faith.

“State Farm paying $400,000 over policy limits is surprising, but the company knew that its conduct was inexcusable. I consider this settlement a tacit admission of bad faith,” said trial lawyer Jones. State Farm’s settlement brings the plaintiff’s total recovery to $800,000. This amount includes a $300,000 settlement that Jones was able to secure from a dram shop defendant after subpoenaing a grocery store receipt that showed that the defendant’s boyfriend purchased and provided the beer that was consumed the night of the wreck.