A federal judge threw out a $10 million bad faith claim an injured accident victim filed against an insurer, ruling that the womans demand for the at-fault drivers policy limit contained unreasonable restrictions.
In a handwritten letter, plaintiff Amy Kemper said the insurer must not contact her or her friends, and she also argued that Equity Insurances demand that she place the $25,000 policy limit in an escrow account to cover any potential liens constituted a counteroffer, which she declined.
The “undisputed evidence shows the parties were unable to resolve Ms. Kempers claim because of her (and her lawyers) unreasonable refusal to assure the satisfaction of any outstanding hospital liens or even to allow [the claims adjuster] or Equity to contact her about the liens,” wrote Northern District Judge Michael Brown, ruling for the insurer on summary judgment.