(Please note: the names and locations of all parties have been changed to protect the confidentiality of this car accident case and its proceedings.)
SECOND CAUSE OF ACTION cont.
33. The acts of Defendants as alleged herein and above was intended to cause injury to Plaintiffs in that Defendants arbitrarily adjusted the claim in an amount less than what the Policy allowed for without any basis for doing so and without any investigation thereon. Defendants’ conduct in this regard was carried on with a conscious disregard of the rights of Plaintiffs.
34. As a direct and proximate result of said unlawful conduct of Defendants, Plaintiffs have suffered and will continue to suffer economic and non-economic damages including, but not limited to, substantial losses of past and future earnings, bonuses, other compensation, and other employment, and unemployment, benefits and job opportunities, plus expenses in an amount according to proof at time of trial.
35. As a direct and proximate result of said unlawful conduct of Defendants, Plaintiffs have suffered, and continue to suffer, mental and emotional distress, including but not limited to, frustration, depression, nervousness and anxiety, and have thereby incurred general damages in a sum in excess of the jurisdiction of this Court, all in an amount according to proof time of trial.
36. As a further direct and proximate result of Defendants’ breach of the duty of good faith and fair dealing, Plaintiffs have suffered special, as well as, other damages, in a sum in excess of the jurisdiction of this Court, plus interest, including prejudgment interest, all in an amount according to proof at time of trial.
37. As a further proximate result of the unreasonable conduct of Defendants, Plaintiffs have been compelled to retain legal counsel to obtain the benefits due under the Policy. Therefore, Defendants are liable to Plaintiffs for those costs of suit and attorney’s fees reasonably necessary and incurred by Plaintiffs in order to obtain the Policy benefits all in an amount according to proof at time of trial.
38. The acts alleged were part of Defendants’ ordinary business practices designed to keep from paying the Policy benefits which were and are legitimately owed to Plaintiffs, in order to increase Defendants’ profits. In doing the acts set forth above, Defendants acted despicably, willfully, wantonly, oppressively, fraudulently and/or in conscious disregard of Plaintiffs’ rights. Plaintiffs therefore seek exemplary damages in a sum to be set by the jury in an amount sufficient to punish Defendants.
PRAYER FOR RELIEF
WHEREFORE, Plaintiffs pray for judgment against Defendants and DOES 1-20, and each of them, as follows:
1) For damages for failure to provide benefits under the Policy, plus interest, including prejudgment interest in a sum according to proof at the time of trial;
2) For compensatory damages in a sum according to proof at the time of trial;
3) For general damages in a sum according to proof at the time of trial;
4) For special damages in a sum according to proof at the time of trial;
5) For reasonable attorney’s fees and costs of suit incurred herein;
6) For exemplary and punitive damages in a sum according to proof at the time of trial;
7) For interest, including prejudgment interest, allowable by law; and
8) For such other and further relief as the Court may deem just and proper.
Counsel For Plaintiffs
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.