Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Odstrcil v. State Farm Mutual Auto Ins. Co.

Court of Appeals of Louisiana, Third Circuit

May 3, 2017

STEVEN ODSTRCIL
v.
STATE FARM MUTUAL AUTO INS. CO.

         APPEAL FROM THE THIRTY-FIRST JUDICIAL DISTRICT COURT PARISH OF JEFFERSON DAVIS, NO. C-0335-15 HONORABLE CRAIG STEVE GUNNELL, DISTRICT JUDGE

          John Edward Ortego Martin Mayard, L.L.C. COUNSEL FOR: Defendant/Appellee - State Farm Mutual Auto Ins. Co.

          John Ezell Jackson Jackson Law Firm COUNSEL FOR: Plaintiff-Appellant - Steven Odstrcil

          Court composed of Ulysses Gene Thibodeaux, Chief Judge, Sylvia R. Cooks, and Elizabeth A. Pickett, Judges.

          ULYSSES GENE THIBODEAUX CHIEF JUDGE

         The plaintiff, Steven Odstrcil, appeals the trial court's judgment granting a motion for summary judgment filed by the defendant, State Farm Mutual Automobile Insurance Company (State Farm). Finding no genuine issues of material fact, and finding that the defendant is entitled to judgment as a matter of law, we affirm the judgment of the trial court.

         I.

         ISSUES

         We must decide whether the trial court legally erred in granting summary judgment to State Farm.

         II.

         FACTS AND PROCEDURAL HISTORY

         Mr. Odstrcil was injured in an automobile accident on May 27, 2014. The at-fault driver had only $15, 000.00 in coverage with GEICO. Mr. Odstrcil had $50, 000.00 in underinsured motorist (UM) coverage with State Farm, and $1, 000.00 medical pay coverage (MPC).

         On June 19, 2014, Mr. Odstrcil sent State Farm notice of the accident. The following day, State Farm called Mr. Odstrcil's attorney requesting documentation of Mr. Odstrcil's injuries and treatment.

         On July 10, 2014, State Farm paid the ambulance bill which consumed the MPC, and that part of the coverage was closed. United Healthcare was paying Mr. Odstrcil's ongoing medical bills from the accident, and it filed a subrogation claim through a third-party administrator, Optum, seeking reimbursement from any amounts paid to Mr. Odstrcil. After Mr. Odstrcil had leg surgery and provided documentation of medical causation, State Farm paid its entire policy limits of $50, 000.00 to Mr. Odstrcil and Optum. Mr. Odstrcil's attorney returned the check to State Farm uncashed, as a dispute had arisen between Mr. Odstrcil and United Healthcare/Optum over the subrogation claim. Once State Farm received notice of the disputed amount, it paid Mr. Odstrcil the undisputed amount of $42, 881.64. On May 21, 2015, when State Farm received notice that Optum had waived the subrogation claim of $7, 118.36, State Farm paid the remaining funds to Mr. Odstrcil.

         Asserting bad faith in not timely paying its policy limits, Mr. Odstrcil filed suit against State Farm on June 8, 2015, seeking penalties and attorney fees for not having made an unconditional tender within thirty days of receipt of satisfactory proof of loss pursuant to La.R.S. 22:1892(A)(1). State Farm filed a motion for summary judgment which, after hearing, resulted in an August 4, 2016 judgment in ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.