Doyle Dennis LLP Sues XL Insurance America and Intercare Holdings for Insurance Bad Faith

Firm News, Insurance Bad Faith, News

Doyle Dennis LLP recently filed a bad faith insurance suit against XL Insurance America, Intercare Holdings, and Intercare’s insurance adjusters in Maricopa County, Arizona.

After sustaining an on-the-job injury while working for a packing company on January 9, 2021, Doyle Dennis LLP’s client filed a workers’ compensation claim with his employer in Yuma, Arizona. The client received benefits while getting treatment until May 19, 2022, when the defendants improperly terminated benefits of the client’s claim without conducting a proper investigation. Despite numerous attempts to explain to adjusters why the basis for terminating the benefits was incorrect, the defendants repeatedly ignored the client’s communications. The failure to reasonably investigate the basis for terminating an employee’s compensation claim is in direct violation of Arizona law, under which insurance carriers and third-party administrators may be held liable for their failure to conduct an adequate investigation.

Consequently, the client was forced to hire an attorney and request a hearing before the Industrial Commission of Arizona. On May 9, 2023, the Commission found that the client’s benefits were improperly terminated and ordered XL Insurance America to pay the long overdue benefits he was entitled to. Unfortunately, the wrongful conduct did not stop there. Although the workers’ compensation insurance carrier (XL Insurance America) and third-party administrator (Intercare Holdings) were ordered to pay, the defendants continued to dispute and manufacture new reasons to delay the benefits owed to the client. As a direct result of the defendants’ improper withholding of benefits, the client was forced to go without financial support to pay for his medical treatments. The fact that the client’s last medical examination was on May 18, 2022, one day before his benefits were wrongfully terminated, was used to justify the defendants’ refusal to pay indemnity benefits.

The attorneys at Doyle Dennis LLP have significant experience dealing with insurance companies and holding them accountable for committing bad faith, failing to pay out claims, and letting claimants suffer. If you are an injured worker who was harmed by the wrongful denial of workers’ compensation benefits, life insurance benefits, property damage benefits, or other insurance payments, you may have a claim for insurance bad faith. Doyle Dennis LLP will not charge you to complete an initial evaluation of your claim.

Doyle Dennis LLP Files Arizona Bad Faith Insurance Lawsuit Against Travelers Indemnity Company

Firm News, Insurance Bad Faith, News

Doyle Dennis LLP recently filed suit against Travelers Indemnity Company and Traveler’s insurance adjuster. The lawsuit, alleging breach of the duty of good faith and fair dealing, loss of consortium, and aiding and abetting, was filed in Maricopa County, Arizona on behalf of Doyle Dennis LLP’s clients. The firm will now work on behalf of the clients in order to get the justice they deserve.  

One of the two clients involved in the lawsuit sustained injuries at work. Specifically, he sustained injuries to his right knee and fibula, right clavicle, right hip, bilateral shoulders, lumbar spine, and suffered a traumatic brain injury. As a result of the serious injuries, the client’s marriage changed drastically. For example, due to the severity of the client’s injuries, the client requires care for approximately 10-16 hours per day. As a result of the serious injuries, the client requires significant assistance from his wife in managing everyday tasks. For example, his wife helps manage his medications, helps to communicate with medical providers because of memory issues, prepares his meals, provides companionship, transports the client to and from his medical appointments, attends her husband’s medical appointments, cleans his prosthesis, monitors the client, and completes nearly all the household chores to keep a sterile home environment because of the infection risk. After the client sustained on-the-job injuries, he sought to receive workers’ compensation benefits, including compensation for the palliative care provided by his wife. Unfortunately, Travelers Indemnity Company and Traveler’s insurance adjuster delayed and denied the requests for benefits. Thus, Doyle Dennis LLP is representing both individuals in the bad faith insurance lawsuit against Travelers Indemnity Company and Traveler’s insurance adjuster.

Doyle Dennis LLP has significant experience in representing workers who have been targeted, interfered with, or fell victim to bad faith insurance dealings in Arizona. If you have been targeted, defamed, wrongfully terminated, interfered with, or dealt with a bad faith insurance company or adjuster, call Doyle Dennis LLP today for a free consultation.  

Doyle Dennis LLP Files Suit Against Spheric Assurance Company, Ltd., and Global Insurance Group Holding Company Inc.

Firm News, Insurance Bad Faith, New Blog, News

Doyle Dennis LLP recently filed suit against two defendants, Spheric Assurance Company, Ltd., and Global Insurance Group Holding Company, Inc.

Doyle Dennis LLP’s client was insured by the insurance company’s policy. The client purchased a policy to insure and protect his boat in the event the boat suffered damage. Unfortunately, on or about August 20, 2022, a fire started in the engine room. The vessel was not in navigation but was anchored. As a result of the fire, Doyle Dennis LLP’s client vessel sank. The client filed a claim with Spheric in San Antonio, Texas, for coverage. Without conducting a proper investigation, the defendants improperly denied coverage of the client’s claim. This was in direct violation of the Texas Insurance Code section 541.060 (a)(2)(A) (formerly Art. 21.21 §4(10)(ii)).   In addition, the defendants failed to timely request from the client any additional items, statements, or forms that the defendants reasonably believed to be required from our client, which is in direct violation of Texas Insurance Code section 542.055 (a)(2)-(3).

The attorneys at Doyle Dennis LLP have dealt with countless insurance companies committing bad faith, failing to pay out claims, and letting claimants suffer. For example, in Stinson v. AIG, Doyle Dennis LLP’s client received a $1.7 million judgment in a similar lawsuit. If you or a loved one has reason to believe they have suffered from an injury or dealt with insurance companies acting in bad faith, please call our office for a FREE CONSULTATION TODAY.

Doyle Dennis LLP Sues Rise Communities LLC, GR-M1, LTD., Meridiana Community Association, Inc.

Firm News, News, Personal Injury

Doyle Dennis LLP recently filed suit against three defendants Rise Communities LLC, GR-M1, LTD., and Meridiana Community Association, INC., in Harris County, Texas.

Doyle Dennis LLP’s client seeks to hold Rise Communities accountable for its actions related to failing to maintain its structure. In addition, Doyle Dennis LLP’s client seeks to hold Meridiana Community Association liable for its failure to warn, maintain, and protect against hazards and objects that could cause harm to users of their underpass. Lastly, Doyle Dennis LLP’s client seeks to hold GR-M1, LTD., a parent company for Rise Communities, liable for the direct negligence of its subpart. 

On or about June 3rd, 2022, Doyle Dennis LLP’s client was riding to work on his electric scooter. While taking his normal route into work, the client utilized the Defendant’s underpass, made specifically for children to bypass above traffic, but was violently thrown from his scooter when he came upon a hidden divot in the underpass. The client suffered a broken jaw and received several stiches in his chin.

Doyle Dennis LPP has significant experience in representing individuals who have been injured due to the negligence of large corporations. For example, in Lunford v. VLive Houston a premises liability dispute, the attorneys at Doyle Dennis LLP was awarded a $52.6 million judgment, including $47+ million in actual damages and $5 million in exemplary damages. If you or someone close to you has suffered an injury due to a company’s negligence, contact the lawyers at Doyle Dennis LLP for an evaluation of your potential claims.  

U.S. Court of Appeals for the Fifth Circuit Holds that Tuttle and Nicholas Families’ Claims Against Houston Police Officers May Proceed

Firm News, News, Personal Injury

Houston Police Department officers shot and killed Dennis Tuttle and Rhogena Nicholas in a botched drug raid in 2019. Following their deaths, the Tuttle and Nicholas families’ (the “Families”) filed a lawsuit against the City of Houston, alleging that the officers used excessive force in executing the search warrant and that the search and seizure were unlawful. The Families asserted both direct claims and claims premised on failure to intervene against the individual officers. Importantly, the Families also asserted claims against Lieutenants Todd and Gonzales, who had a role in supervising the other officers, for excessive force and unlawful search-and-seizure based on direct liability and failure to supervise. The Families argued that they sufficiently stated a claim for supervisor liability against Todd. They then argued that the district court correctly concluded that Todd was not entitled to qualified immunity because the allegations against Todd for supervisor liability overcame qualified immunity.
The Fifth Circuit affirmed in part, reversed in part, and vacated in part. First, the Fifth Circuit affirmed the district court’s denial of the individual officers’ motions to dismiss the Families’ claims for excessive-force and thus allowed those claims against the individual officers to proceed. The Fifth Circuit declined to address the motions to dismiss the search-and-seizure claims asserted against Sepolio, Salazar, Gallegos, Wood, Pardo, Medina, Reyna, Lovings, and Ashraft.
In addition, the Fifth Circuit held that the district court correctly allowed the Families’ failure-to-supervise claim under 42 U.S.C.S. § 1983 to proceed because the Families alleged multiple specific instances in which the officer fraudulently obtained a search warrant and in which violence occurred, and the officer’s supervisor knew about these infractions, but did nothing to correct them. Regarding Todd, the Fifth Circuit determined that the district court “lacked jurisdiction to enter any judgment respecting Lieutenant Todd.” Thus, the Fifth Circuit vacated the district court’s order. Regarding Gonzales, the Fifth Circuit dismissed the Families’ claims against Gonzales for excessive force and search-and-seizure claims based on direct liability. However, the Fifth Circuit concluded that the facts alleged support the inference that Gonzales failed to supervise Goines, and that a causal link exists between his failure to supervise and the actions that ultimately occurred. Thus, the Fifth Circuit held that the district court was correct in allowing the claims against Gonzales to proceed.
Finally, because federal qualified immunity does not apply to state-law claims, the Fifth Circuit declined to address whether the Families’ state-law wrongful death and survival claims against all defendants should be dismissed.
Read the full opinion here (Tuttle v. Sepolio, No. 22-20279, c/w No. 23-20013, 2023 U.S. App. LEXIS 12834 (5th Cir. 2023):

https://law.justia.com/cases/federal/appellate-courts/ca5/23-20013/23-20013-2023-05-24.html

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