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Case of the Month October 2017

Jury Awards $2.1M in UIM Benefits

Thaves v. West Bend Mutual Insurance Company

Case Type:
Insurance - Uninsured/Underinsured

Specific Liability:
Bad Faith

General Injury:
Death

Jurisdiction:
State: Wisconsin
Court: Circuit Court of Wisconsin, First Judicial District, Milwaukee County

Related Court Documents:
Plaintiff's complaint: 2014 WL 12725241
Defendants' pretrial report: 2016 WL 9453280
Plaintiffs' pretrial report: 2015 WL 13545429
Verdict form: 2017 WL 3468773

Case Name:
Thaves v. West Bend Mutual Insurance Company

Docket/File Number:
2014-CV-010352

Result Amount:
$2,041,000

Result Date:
March 09, 2017

Judge:
John J. Di Motto

Attorneys:
Plaintiff: Scott B. Taylor, Urban & Taylor S.C., Milwaukee, WI
Defendant: James M. Ryan, Ryan Law Firm L.L.C., Brookfield, WI
Defendant: Gabriel W. Houghton, Ryan Law Firm L.L.C., Brookfield, WI

Result Type:
Jury

Experts:
Plaintiff: Not reported
Defendant: Not reported

Breakdown of Award:

Compensatory Pain & Suffering: Edwin C. Thaves: $276,000
Total Compensatory Award: Edwin C. Thaves: $276,000
Compensatory Pain & Suffering: Jean M. Thaves: $140,000
Total Compensatory Award: Jean M. Thaves: $140,000
Loss of Services: Edwin C. Thaves: $850,000
Loss of Services by Adult Children: Edwin C. Thaves: Yes
Loss of Services: Jean M. Thaves: $775,000
Loss of Services by Adult Children: Jean M. Thaves: Yes
Comparative Negligence Percentage: 0

Summary of Facts:
This wrongful death action was brought when Edwin Thaves and Jean Thaves, adult driver and passenger in a vehicle stopped at a controlled intersection, were struck and killed by a vehicle operated by an intoxicated motorist but their insurer, defendant West Bend Mutual Insurance Company, failed to provide underinsured motorist benefits that fully compensated the estates for their loss and damages. The decedents estates contended the defendant breached the insurance contract and acted in bad faith in failing to tender the full policy limit of $750,000. The defendant disputed the claim for fear of imminent death, and the claim for loss of inheritance since it was unlikely that Edwin would have added to his estate. The case brought by Edwin's estate was consolidated with a claim brought by Jean's estate, 2014-CV-010352.

Court: Circuit Court of Wisconsin, First Judicial District, Milwaukee County.

Westlaw Citation:
2017 WL 3726907