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Thursday, May 2, 2024

Motorist seeks to recover $1.6 million jury verdict from State Farm

Lawsuits
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EDWARDSVILLE – An Illinois woman is suing State Farm Mutual Automobile Insurance to recover a $1.6 million jury verdict after the insurer allegedly breached its contract, leading to a lengthy legal battle over a traffic crash. 

Plaintif Melissa Juliano filed the lawsuit in the Madison County Circuit Court against State Farm Mutual Automobile Insurance, Co., citing breach of contract.

According to the lawsuit, on Nov. 19, 2018, Juliano was involved in a traffic crash with driver Cade Jackson. At the time of the collision, Jackson had an insurance policy with State Farm Mutual Automobile Insurance that covered bodily injuries to another for $100,000 for any one person and $300,000 for any one occurrence. The crash report indicates that the cause of the collision was Jackson operating his vehicle in a careless and negligent manner, for which he received a citation for reckless driving.

According to court documents, as a result of the collision, the plaintiff was seriously injured and required surgery to repair a herniated disc in her spine. The lawsuit states that on June 19, 2019, Juliano's attorney contacted State Farm to demand the policy limits of $100,000 for damages suffered by the plaintiff. According to the lawsuit, State Farm never contacted Jackson to inform him that the plaintiff was attempting to settle this claim within the limits of his insurance policy. The lawsuit alleges that had Jackson been informed by State Farm that the plaintiff was attempting to settle this claim within the limits of his insurance policy, he would have demanded that the defendant pay the policy limits.

According to the lawsuit, on July 29, 2019, a claims specialist in the employ of State Farm made an offer of $33,680 to the plaintiff's attorney. In response, the plaintiff's attorney informed the agent that the offer grossly undervalued the case, which was worth far in excess of the policy limit of $100,000. The plaintiff's attorney added that the offer was not in the interest of Jackson, as a lawsuit would be filed and any damages would be collected from him personally.

On Aug. 8, 2019, the plaintiff filed a lawsuit against Jackson to seek damages. Jackson was provided with counsel chosen by State Farm. During the lawsuit, Jackson and his family contacted their provided attorney to request that the lawsuit be settled within policy limits to avoid a judgment in which Jackson would be deemed personally liable for any damages in excess of the policy limits of $100,000.

On May 27, 2021, nearly two years later, the defendant's attorney made the offer of the policy limits of $100,000 to the plaintiff, but was informed that the offer was rejected, that the demand was now $1,000,000, and that the plaintiff would be taking the case to trial to demand more. The defendant's attorney refused the demand. 

On June, 16, 2023, a jury unanimously ruled in the plaintiff's favor and awarded her $1,463,595.74 in damages. With interest, Jackson is now personally liable to the plaintiff for damages in an amount over $1,600,000. On July 12, 2023, Jackson assigned all claims he has against the State Farm to the plaintiff and her attorneys to pursue. 

Juliano is seeking a judgment in her favor, plus interest, and any other relief the court deems proper. She is represented in this case by attorneys Michael P. Glisson and Timothy J. Chartrand, of Williamson, Webster, Falb & Glisson in Alton. 

Madison County Circuit Court case number 2023LA001093

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