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Bonenberger v. Nationwide Mutual Insurance Company

In an action brought by an insured against his insurance company claiming it engaged in bad faith in the handling of his UIM claim and in failing to adequately evaluate his injuries at the time of his claim, judgment in favor of the insured is affirmed; a manual used by the insurance companys employees as their primary guide in evaluating, valuing and negotiating claims is relevant evidence in evaluating a claim of bad faith.

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OPINION

� 1 This is an appeal from a judgment entered against Appellant, Nationwide Mutual Insurance Company (Nationwide) and in favor of its insured, Appellee, Daniel Bonenberger, based upon a bad faith claim. We affirm.

� 2 Bonenberger suffered physical injury in an automobile accident and recovered the limits of the tortfeasor’s policy, $15,000. Thereafter Bonenberger sought to collect underinsured motorist benefits (UIM) from his carrier Nationwide. In connection with his claim, Bonenberger sent Nationwide all pertinent medical records, bills, wage loss documentation and a detailed final report of his hand surgeon, Dr. Baratz, along with a settlement demand of $52,968.00. In response Nationwide requested that Bonenberger undergo an independent medical exam, to which he consented. However, an exam was never scheduled and Nationwide made a settlement offer of $7,390.36, which Bonenberger rejected. Months later after Bonenberger supplied Nationwide with his sworn statement and authorization to obtain his worker’s compensation files and medical records and after receipt of Dr. Baratz’ deposition testimony, Nationwide made an offer of $10,390.36. A final offer of $14,700.00 was later made but rejected before the matter proceeded to a hearing before a board of arbitrators. They entered a unanimous total tort damage award for Bonenberger in the amount of $77,000.00 and a $2,500.00 award for his wife on her loss of consortium claim.

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