Lawyers for a woman gravely injured when a drunken driver hit her motorcycle head-on appeared before a federal appeals court Wednesday in an effort to rescue a $10 million bad faith claim that a trial judge threw out over the plaintiff’s “unreasonable” demands in response to a settlement offer.
The insurance company facing the claim told the U.S. Court of Appeals for the 11th Circuit that the district court was correct to dismiss the claim because plaintiff Amy Kemper’s hand-written response failed to address its query regarding medical liens, and demanded that she not be contacted concerning the matter.
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