Skip to comments.Lawyer Says $12M Verdict Reasonable (against Progressive Insurance)
Posted on 10/29/2011 7:03:01 PM PDT by CedarDave
A Bernalillo County jurys $12 million judgment this week against Progressive Insurance Co. was very reasonable, according to attorneys representing the family who sued.
Lawyer Janet Santillanes said that among the evidence jurors heard during the six-day trial was that Progressive altered its computer records 11 days after a Nov. 4, 2002, accident to make it appear the Vigil family did not have coverage at the time of the single-vehicle crash that was at the center of the case.
The company contended the policy lapsed about 90 minutes before the crash that killed one man and hospitalized five other passengers. Jurors also heard that Colleen Vigil called Progressive twice two weeks before the crash and the day before and was assured her policy was valid, with no payment due until Nov. 15, Santillanes said in a telephone interview with the Journal on Thursday.
She said Progressives policy is to record all conversations with policyholders, but the recordings of Colleen Vigils calls either were lost or never made.
A Bernalillo County District Court jury granted the Vigil family $11.7 million in punitive damages designed to punish Progressive for bad faith, and a few hundred thousand more in compensatory damages and for pain and suffering.
The jury also heard evidence that Progressives profits are $3.8 million a day and (the company) had 11,700,000 policies in effect in 2010, Santillanes said. So the amount of damages to a multi-billion dollar corporation for a case that took nine years was very reasonable.
(Excerpt) Read more at abqjournal.com ...
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hunh. guess redistribution cuts both ways.
He let's everyone he is a PROGRESSIVE
Progressives? $12 million sounds reasonable to me.
Progressive was duckspeak for communists in the early days. Then when that word got too hot, they changed it to liberal. Now they’ve gone back to progressive again.
From what you say about Peter Lewis, it sounds as if the company is suitably named.
This is one case where what appears to be a huge excessive verdict is justified.
They are a crappy company, as well. I had a friend and they changed his policy number without telling him. He was sending payments to the old number and they cancelled his policy. They never attempted to contact him by phone, but they did contact the Nevada DMV. DMV revoked his registration and he ended up having to go to court to get it all straightened out.
I seldom finish the month with more than a dollar or two left. If I can contribute ten dollars a month then anyone can. This forum is one of few almost sane harbors in an insane world. Please help pay for our megaphone, put your money where your mouth is.
Isn’t this in the same area where that woman won the McDonald’s coffee spill suit?
How do you think Progressive pays for all the RAT donations?
The article provides the answer.
The judgement should have been a billion.
12 Million for actual damages and the rest punitive.
What is our economy going to do when the only ones left are lawyer, doctors and insurance company sales men all feeding off one another.
Progressive altered its computer records
This statement alone should mean Instant Corporate Death and PRISON for the Executives in Charge. THIS IS FRAUD. If we actually had Equal Protection Under the Laws and a Real JUSTICE System. I for one am sick and damned tired of double standards. I say dissolve company and jail the whole bunch.
Looks like Flo will have to take a salary cut and buy her own white uniforms!
A drunk driver driving with a suspended license lost control of the vehicle at 1:30 a.m. Near the end of the article you discover that in 2005, the first court agreed with Progressive that the policy had expired at midnight, apparently because the premiums on the policy hadn't been paid.
Who calls their insurance company twice in two weeks to find out if their insurance is still in effect? Sounds as if they hadn't paid the premium.
And I wonder if there was evidence that the calls were made, but that there were no Progressive recordings, or whether the (former) policy holder said the calls were made and there were no Progressive recordings.
Remember that the content of this article comes straight from the mouth of the plaintiffs' attorney.
Juries don't always look at facts when granting awards against insurance companies, particularly when somebody's been injured, and when a policy expired only 90 minutes earlier.
And I still hate Progressive. Nothing but a way to donate directly to the Democrat Party by buying insurance. Thanks, Flo.
Technically, a plaintiff's attorney said the jury "heard evidence" that Progressive altered its records. That's different. Progressive may well have altered its records. The plaintiff's attorney may also have brought in some bogus computer 'expert' who introduced that 'evidence,' which was contradicted by other evidence.
I hope they and all their limo-rich pals go out of business.
That begins with Government Electric and Government Motors and ends with Government Banksters and Government Unions. They all have their dirty paws in our pockets while pretending to be private industry.
No matter how much the low rates are..I will NEVER sign with “progressive”.
They are Dem supporters. It’s the principle..
Amen to that. There’s a reason why the company is called ‘PROGRESSIVE”.
How could they be “cheap”
They seem to spend more on adverts than anybody....
I hope the fine print on my various insurance policies does not give the insurance company a way to avoid paying. Food for thought.
I would never have bought their insurance anyway - their commercials creep me out,
Progressive admitted they record all calls, but ‘lost’ the recording of the plaintiff’s calls.
Technically you are correct, but if the Presiding Judge found MERIT in The EVIDENCE ( allowed), as did the JURY presumably, the Judge should have IMMEDIATELY ORDERED A CRIMINAL INVESTIGATION at the Moment the Evidence was introduced. The Judge should be removed from the Bench. THEY BELONG IN PRISON.
I did. I prepaid cash for 6 months. And then got a notice from the underwriter's computer geeks that had me living in a place I haven't lived in 12 years, jacking up the premium by $56.
So on the pumpkin day, I called for the 3rd time to make sure they had gotten the certified proof that not only do I live where I live but have for years.
It's called follow-up.
From my own experience with this company - GOOD!
some insurance companies are more decent than others.
The day the Clutter family was murdered in Kansas, Herb Clutter had taken out a large life insurance policy on himself.
The entire family was murdered that night. Clutter’s check had not been deposited and for what ever legal reason, the insurance company had no legal responsibility to pay the claim.
The company, New York Life, went ahead and paid anyway, maybe partly for good publicity and maybe partly because they thought it was the right thing to do.
So Roosevelt and the Bullmoose Party were communists?
It doesn’t matter if the check had been deposited.
It only only had to be given to the agent or broker, or put in the mail.
It was in New Mexico.
It's really a shame when folks try to trivialize that case.
No, just incredibly misguided. TR was a big gov statist.
I know members of the family. I should amend that to *knew*. We no longer speak.
They are not just Dem supporters. They are die hard anti-American far left radical Marxists.
They may be aware of how bad things are, though. One of the nephews is moving half his antique car collection to a safe location out of his present notoriously unsafe urban area of residence.
What kind of idiot puts a styrofoam cup of hot coffee between their legs in a car?
I am not sure what the technical reason was but the book, “In Cold Blood” made it clear that the insurance company had no legal obligation to pay the claim.
Like you, I would have thought as soon as the agent accepted the check, they would have been covered.
Agreed. Progressive is one of the most scummy companies on the planet. I had a accident that was clearly their customers fault with gross negligence by said customer that was reinforced by a police report. Progressive tried to pin the fault on me and make my insurer pay. I spent several fuming days on the phone with adjusters from both companies fighting that one. They are the epitome of sleaze.
I don’t know. Maybe an idiot in a car without cup-holders.
Where the 3rd degree burns occur is not the issue. It’s that they happen at all.
Yet these same insurance companies go after those that commit fraud against them. Most go to jail.
Will ANYBODY from this pathetic excuse of an insurance company go to jail? Doubtful.
They should have been awarded triple the amount they were awarded. BANKRUPT THE BASTARDS I SAY!
Flo comes across as a real floozie to me.
I was an insurance agent, now a broker.
Life coverage begins when I accept the check on behalf of the insurance company
The evidence of drunk driving with a suspended license was not allowed to be presented at trial as the case was about whether the policy had expired or not. In dropping charges against Vigil, prosecutors in McKinley County found that road conditions were the cause of the crash. Progressive Tagged For $12 Million
If you want to try to get some kind of punishment against the company, the place to start is with the state’s insurance commissioner. The one to bring the complaint would be the person whose records were altered.
She was an idiot.
It’s because of that case and others that we have to see such wildly informative labels warning us that coffee is hot.
As others have said, the woman was an idiot for putting a cup of coffee she could only KNOW was hot in a place that caused her so much pain and suffering. That she didn’t check that the lid was properly in place is her fault alone.
As for progressive insurance, I love Flo, but would never buy their product since everything I have heard about their claims process and attempts at avoiding paying legitimate claims at any cost deters me.
There is a reason that insurance companies have earned a bad name. This case in particular demonstrates how far some will go to avoid their legitimate responsibilities.
When fraud and perjury appear a standard practice, those responsible should be imprisoned and driven out of business.
No jail? What a shock.
Too bad the judgement wasn’t 120 million dollars...
re: The jury also heard evidence that Progressives profits are $3.8 million a day
When do you think the protest crowd will begin to protest the profits of this company? I am not holding my breath.