Friedman, Dazzio, Zulanas & Bowling space Friedman, Dazzio, Zulanas & BOWLING, P.C. BIRMINGHAM OFFICE 3800 CORPORATE WOODS DRIVE, BIRMINGHAM, ALABAMA 35242 P 205-278-7000  F 205-278-7001 Friedman, Dazzio, Zulanas & BOWLING, P.C. MONTGOMERY OFFICE 401 MADISON AVENUE, MONTGOMERY, ALABAMA 36104 P 334-387-0529
Friedman, Dazzio, Zulanas & Bowling Home Page Friedman, Dazzio, Zulanas & Bowling, P.C. News The Law Firm of Friedman, Dazzio, Zulanas & Bowling, P.C. The Attorneys Of Friedman, Dazzio, Zulanas & Bowling, P.C. Friedman, Dazzio, Zulanas & Bowling Practice Areas Contact Friedman, Dazzio, Zulanas & Bowling, P.C.

Dismissal Of $5 Million Bad Faith Lawsuit

Chris Zulanas and Jess Boone obtained summary judgment in a $5,000,000 bad faith, breach of contract and fraud lawsuit arising out of an underinsured motorist (UIM) claim where the settlement was not consummated due to a dispute about the handling of a Medicare lien. The plaintiff sued his UIM carrier and the driver who hit him and settled his claims for the maximum amount of the driver's liability coverage. He later settled his UIM claim, but refused to sign forms that would allow his UIM carrier to determine if Medicare asserted a lien against the UM settlement funds. The trial court handling the case refused to enforce the settlement and the plaintiff filed a separate lawsuit against his UIM carrier, its adjusters and its defense counsel seeking recovery of $1.0 million in compensatory damages and $4.0 million in punitive damages. The plaintiff's bad faith, breach of contract and fraud case was removed to federal court, which entered summary judgment in favor of the UIM carrier and dismissed the claims against the adjusters and defense counsel. No appeal was taken. The opinion is available at Stone v. State Automobile Mut. Ins. Co., No. 5:16-cv-00381-AKK, 2017 WL633081 (N.D. Ala. Feb. 15, 2017).

Contributing Author:

Christopher J. Zulanas
Christopher J. Zulanas, Shareholder
Email Address czulanas@friedman-lawyers.com
Direct Line 205-278-7050
vCard View Profile
Jess S. Boone
Jess. S. Boone, Shareholder
Email Address jboone@friedman-lawyers.com
Direct Line Download vCard
vCard View Profile


< Back to News Home Page


This client alert is provided solely for educational and informational purposes. It is not intended to constitute legal advice. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.