Allen, who won $20M for client, said Allstate's actions coming to light
Attorney Kenneth J. Allen -- who helped a Valparaiso man win a $20 million verdict against Allstate insurance company in 2006 -- said at the time that Allstate acts in bad faith by making policyholders choose between a poor settlement or a long, drawn out legal fight.
Allen said the company's "scheme" to divert money from policyholders to shareholders will be out in the open now that the company was forced into publicly releasing the "McKinsey Documents." The documents include 150,000 pages of records detailing the plan Allstate implemented in 1995 to increase profits by reducing claims payouts, Allen said.
Allen said a Florida appellate court upheld the suspension of Allstate's license in the state for refusing to provide the McKinsey Documents to Florida's insurance commissioner. Rather than lose its business in Florida, Allstate then released the documents, Allen said.
Allstate spokesman Mike Siemienas said the documents were not released due to the Florida decision, but rather for several reasons, including the need to address misunderstandings.
Siemienas said trial lawyers, who have a vested interest in painting Allstate in a negative light, do so by taking snippets of the documents out of context. He said Allstate settled millions of claims last year and earned high rates of policy renewal.
"We pay the appropriate amount in a timely manner," Siemienas said.
Allen, however, said insurers traditionally pay out 70 cents on the dollar for claims, but Allstate began paying 52 cents on the dollar to return millions to shareholders.
Allen said the client for whom he won $20 million, Ted K. Fields, suffered spinal injuries in a 1995 crash. After the insolvency of the insurer for the person who caused the crash, Allstate became responsible under the uninsured motorist coverage it sold Fields.
Fields suffered $7,000 in medical bills and $18,000 in lost wages, but Allen said Allstate forced Fields into a nearly 10-year battle. Allen said many people yield to Allstate's tactics, but Fields would not.
Allen said a doctor and psychiatrist testified during the two-week trial that the stress caused by Allstate's actions contributed to Fields' rise in blood pressure, which led to heart problems and a stroke.
"Allstate's misconduct in dragging out the Fields' claims followed the McKinsey plan to the letter," Allen said.
The $20 million awarded to Fields by a Lake County jury was appealed by Allstate, but Allen expects a decision on the appeal within 30 days.
Siemienas said there was a case against Allstate in Kentucky in which the McKinsey Documents were presented in context and the jury found in favor of Allstate. He said Allstate was justified in fighting the release of the 150,000 pages of documents because they contain trade secrets, and he said they also contain ideas never implemented.
Posted in Local on Tuesday, April 8, 2008 12:00 am Updated: 12:58 am.
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