Plaintiff sued her female psychotherapist for sexual abuse. The psychotherapist’s insurance company refused to defend the claim, which then went to trial. Plaintiff received a multi-million dollar award against the therapist and then attempted through an insurance bad faith action to collect the award against the insurance company based upon their unreasonable refusal to defend the psychotherapist. The insurance company took the position that it had no duty to defend a sexual abuse case based upon exclusions in its policy.
Winer, McKenna, Burritt & Tillis LLP, partnered with another law firm to bring the bad faith case. Plaintiff’s lawyers were able to overcome an effort by the insurance company to have the case thrown out of court, which resulted in a settlement.
RESULT: $1,900,000 settlement on behalf of Plaintiff