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IN THE COMMON PLEAS COURT OF FRANKLIN COUNTY' OHIO

RICHARD V. BERG

15799 Adam Road

Granger, iN 46530

Plaintiff,

v Civil Action No. 17-TRJudge

STATE FARM MUTUAL

AUTOMOBILE INSURANCE COMPANY

One State FarmPlaza,

Bloomington,IL 61710,

KYLIE MANLEY

One State FarmPIaza,

Bloomington,IL 61710,

BOBBIE DAVID

One State Farm Plaza,

Bloomington,IL 67710

Defendants.

COMPLAINT

Comes now, Plaintiff, Richard V. Berg, by and through his counsei, Jim Leach L.C., and

for his Complaint, represents to the Court as follows:

FACTS

1. That at all times mentioned hereinafter, the Plaintiff Richard V. Berg was a resident of

Franklin County, State of Ohio.

2. Defendant State Farm Mutual Automobile Insurance Company (hereinafter referred to as

"State Farm"), is and has been at all times material ancl relevant herein, a corporation

organized under the laws of the State of Illinois with its principle place of business in

Bloomington, Illirrvrs, and is liceriled and authorized to issue and sell automobile

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insurance policies and/or automobile insurance contracts in the State of Ohio, writing

policies of insurance covering policy holders or insureds residing in the State of Ohio.

Upon information and belief, State Farm is authorized to conduct business in the State of

Ohio, and more particularly, in all counties in the State of Ohio, including Franktin.

Upon information and beliet Kylie Manley ("Manley") residence is unknown but is

employed by and handles claims for State Farm that arise in Ohio, including the claims by

Plaintiff.

Upon information and belief, Bobbie David ("David") residence is unknown but is

employecl by and handles claims for State Farm that arise in Ohio, including the claims by

Plaintiff.

State Farm issued a valid policy of automobile insurance in Ohio to Plaintift which was

in effect at the time of the incident which forms the basis of this suit, specifically policy

number 332349135D which includes, among other things, medical payments coverage in

the total amount of $25,000.00 and un/underinsurance coverage in the total amount of

$50,000.00.

Under the terms of the policy referenced in Paragraph 6, State Farm agreed to provide

medical payments and un/underinsurance benefits to Plaintiff, as an insured, for his own

losses and expenses in the event ofan accident.

Plaintiff paid all premiums as due and has otherwise complied with all of the terms and

conditions of his policy with defendant State Farm.

On or about the 16'h day of Augusl,2074, Plaintiffr,vas operating a vehicle onI-77

traveling south, and stoppecl in the toll lane at the Barrier "C"'folls, in the City of

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Chelyan, County of Kanawha, State of West Virginia.

On or about the l6th day of August, 2014, Canie A. Wheeler was operating a vehicle on

I-77 traveling south toward the Barrier "C" Tolls, in the City of Chelyan, County of

Kanawha, State of West Virginia, and disregarded her duty to operate a vehicle safely on

the roadways of this State by failing to maintain control of her vehicle and striking

Plaintiff s vehicle while he was stopped in the toll lane, thereby negligently causing an

accident in which Plaintiff was injured.

As a direct and proximate cause of the negligence of Carrie A. Wheeler, Plaintiff incurred

physical injury, psychological damage, medical expenses, pain and suffering, permanent

damage, lost wages, diminution of earning capacity, and endured a loss of capacity to

enjoy his life.

As a direct and proximate cause of the negligence of Carrie A. Wheeler, Plaintiff will

continue in the future to incur medical expenses, pain and suffering, lost wages,

diminution of eaming capacity, psychological damage, permanent damage and endure a

loss ofcapacity to enjoy his life.

As a direct and proximate result of the negligence of Carrie A, Wheeler, Plaintiff was

compelled to seek and otherwise did incur substantial expenses for medical care and

treatment.

At the time of the subject accident, Carrie A. Wheeler was insrued under a policy of

insurance issued by Geico Insurance Company ("Geico"), which camied liability limits for

bodily injury of only 'l'wenty Five Thousand Dollars ($25,000.00) per person.

At the time of the subject accident, Carrie A. Wheeler was an underinsured motorist

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operating an underinsured motor vehicle, as those terms are defined by the State Farm

policy referenced in paragraph 6 above, which r,vas in full force and effect on August 16,

2014.

Defendants were promptly notified of the August 16,2014 automobile accident and were

given the opportunity to investigate Plaintiffs' claims arising from the accident.

Upon receipt of notice of the August 16,2074 accident, Defendants were obligated to

inform the Plaintiff of all benefits available to him pursuant to the policy of insurance

referenced in paragraph 6 above.

Defendants Manley and David were and have been at all times material and relevant

herein, employed by State Farm as claims adjusters and were responsible for handling the

claims presented by Plaintiff a resuit of the August 76,2014 accident.

Defendant State Farm, at all times referenced herein, acted, by and through its employees,

representatives and agents, including, but not limited to Defendants Manley and David.

The value of Plaintiff s claims against Carrie A. 'Wheeler arising from the August 16,

2014 accident greatly exceeds the limits of all liabilily insurance coverage available to

him under the Geico Policy, and, therefbre, Plaintiff, with the consent of State Farm and

waiver of its subrogation rights, settled his claims against Carrie A. Wheeler personally

for Geico's liabilify coverage limits of Twenfy-Five Thousand Doliars ($25,000.00),

specifically reserving and preserving his rights to pursue claims for any and all other

coverages against any other insurers, including State Farm and its agents Manley and

David.

Plaintiff time,ly subrnitted claims for underinsured motorists bodily injury coverage

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benefits and medical payment coverage benefits to the Defendants.

The Defendants had an obligation to comply with the conditions and terms of the policy

of insurance referenced in paragraph 6 above in processing the claims of Plaintifï, its

insured, as a result of the August 16,2014 accident.

The Defendants further had an obligation to exercise good faith in the processing of the

claim of Plaintifî its insured, as a result of the August 16,2Ll4accident and to further

fulfìll all obligations created by the implied covenant of good faith and fair dealing

inherent in the insurance policy under which Plaintiff was an insured, as referenced in

paragraph 6 above.

Plaintiff fully complied with all requirements and policy provisions included in the State

Farm insurance policy referenced in paragraph 6 above.

Because the liability of Carrie A. Wheeler is clear and Plaintiff s damages arising from

the subject accident greatly exceed the total liability and the underinsured limits available

to Plaintiff, Defendants were obligated to conduct adequate investigation of PlaintifÏs

claims,

Defendants fàiled to undertake prompt and reasonable efforts to evaluate, negotiate and

adjust the claims presented by Plaintiff, or, in the alternative, did evaluate the claims and

did intentionally extend offers to resolve said claims for an amount far less than that to

which the Plaintifß were entitled.

Defendants cielayed and/or refused and continue to refuse to pay to Plaintiff the amount of

the medical bills incurred under the medical payments coverage of the policy and to make

a commercially reasonable offer of underinsured motorists coverage to Plaintiff to settle

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his claim for bodily injuries and other damages he sustained as a result of the negligence

of Canie A. Wheeler, an underinsured motorist.

Despite knowing that the liabilify of Canie A. Wheeler was clear and Plaintiff s damages

arising from the subject accident greatly exceed the total liability and underinsured limits

available to Plaintiff, Defendants failed to exercise good faith in the processing of

Plaintiff s claim and its refusal to pay the claims were not predicated upon circumstances

that fumi sh reas onabl e j usti fication therefor.

COUNT I

BREACH OF CONTRACT FOR TINDERINSURED COVERAGE

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Plaintiffreasserts and re-incorporates each and every allegation contained in paragraphs 1

through 28 in this Complaint as if set out verbatim herein.

On or about the 1 6th day of August, 201 4, State Farm, in exchange and return for paid

premium, had in ñrll force and effect an automobile insurance policy issued to PlaintifÏ,

specifically policy number 332349135D, which duly insured the vehicle operated by

Plaintiff at the time of the accident.

The State Farm policy issued to Plaintiff included underinsrned motorists' bodily

insurance provisions which required Defendants to undertake to pay money or to do those

acts in furtherance of the underinsured motorists liability obligation in the event State

Farm's insured suffered a loss or damage within the underinsured motorists liability

coverage and applicable time period.

During the applicable time period, and within the applicable insurance coverage, State

Farm incur¡ed a liability to Plaintiff within the terms ancl conclitions of the State Farm

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automobile insurance policy issued to Plaintiff when he was involved in a motor vehicie

accident with an underinsured motorist, thereby triggering the r¡nderinsured motorist

bodily injury insurance coverage in the aforesaid State Farm policy

Defendants delayed and/or failed to undertake efforts to investigate the claims presented

by Plaintiff as a result of the August 16,2014 accident, thereby creating a breach of the

contractual obligations between Defendants and the Plaintifï.

Despite repeated demands for payment, Defendants delayed and/or failed and refused to

make a commercially reasonable offer pursuant to the underinsured coverage under the

insurance policy issued to its insured, thereby creating a breach ofthe contractual

obligations between Defendants and the Plaintiff.

As a proximate result of the breach of their duties by Defendants, the Plaintiff has been

deprived of the underinsurance coverage benefits due and owing him under his State

Fann policy and thereby compelled to institute suil .[or breach of contract and has or will

incur consequential damages, incidental damages, attomey's fees and court costs, all of

which should be reimbursed or compensated by the unlawful actions of Defendants.

As a proximate resuit of the breach of their duties by Defendants, the Plaintiff has

experienced emotional distress, mental anguish, inconvenience, annoyance, humiliation,

embarrassment, aggravation, and other general damages'

COUNT II

BREACH OF CONTRACT FOR MEDICAL PAYMENTS COVERAGE

Plaintiffreassefls and re-incorporates each and every allegation contained in paragraphs 1

through 36 in this Complaint as if set out verbatim herein.

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On or about thc 16'h day of August,2014, State Farm, in exchange ancl return for paid

premium, had in full force ancl effect an automobile insurance policy issued to Plaintiff,

specifically policy number 332349135D, which duly insured the vehicle operated by

Plaintiff at the time of the accident.

The State Farm policy issued to Plaintiff included medical payments insurance provisions

which required State Farm to undertake to pay money or to do those acts in furtherance of

its medical payments obligation in the event its insured suffered a loss or damage within

the medical payments coverage and applicable time period.

During the applicable time period, and within the applicable insurance coverage, State

Farm incurred a liability to Plaintiff within the terms and conditions of the State Farm

automobile insurance policy issued to Plaintiff when he was involved in a motor vehicle

accident and incurred medical bills, thereby triggering the medical payments insurance

coverage in the aforesaid State Farm policy.

Defendants State Farm, Manley and David delayed and/or failed to undertake efforts to

investigate the claims presented by Plaintiff as a result of the August 76,2074 accident

thereby creating a breach of the contractual obligations between Defendants and the

Plaintiff,

Despite repeated demands for payment, Defendants delayed and/or failed and reflised to

pay the full amount of the medical biils incuned pursuant to the medical payments

coverage unde¡ the insurance policy issued to its insured, thereby creating a breach ofthe

contractual obligations between Defendants and the Plaintiff.

As a proximate result of the breach of their duties by Defendants, the Plaintiff has bcen

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deprived of the medicai payments coverage benefìts due and owing him under his State

Farm policy and thereby compeiled to institute suit for breach of contract and has or will

incur consequential damages, incidental damages, attomey's fees and court costs, all of

which should be reimbursed or compensated by the unlawful actions of Defendants.

As a proximate result of the breach of their duties by Defendants, the Plaintiff has

experienced emotional distress, mental anguish, inconvenience, annoyance, humiliation,

embar¡assment, aggravation, and other general damages.

COUNT III

BAD FAITH

Plaintiffreasserts and re-incorporates each and every allegation contained in paragraphs 1

through 44 in this Complaint as if set out verbatim herein.

Through their actions described herein and their refusal to fuliy arìd fairly investigate

Plaintiff s claims, Defendants have t'ailed to exercise good fãith in the processing of a

claim of its insured, as their refusal to pay the Plaintiff s claims is not predicated upon

circumstances that furnish reasonable justifi cation therefor.

Through their actions described herein and their clelay in paying claims pursuant to the

medical payments and the underinsured coverage, Defendants have failed to exercise

goocl faith in the processing of a claim of its insured, as their delayed payment of the

Plaintiff s claims is not predicated upon circumstances that fumish reasonable

justifi cation therefor.

Through their actions described herein and their refusai to pay Plaintiffls claims,

Defendants have failed to exercise good faith in the processing of a claim of its insured,

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as their refusal to pay the Plaintiffls claims is not predicated upon circumstances that

ñlmi sh reasonable j ustification therefor.

The Defendants have acted unfairly in refusing to perform their duties to provide Plaintiff

benefits promised under the policy.

As a proximate result of bad faith and its breach of its duty of good faith to Plaintift the

Plaintiff has experienced emotional distress, mental anguish, inconvenience, annoyance,

humiliation, embarrassment, aggravation, and other general damages.

As a proximate result of Defendants' bad faith and its breach of its duty of good faith to

Plaintiff, Plaintiff is entitled to recover from Defendants for the economic and noneconomic damages, including attomey fees and costs.

COLINT IV

PUNITIVE DAMAGES

Plaintiffreasserts and re-incorporates each and every allegation contained in paragraphs 1

through 51 in this Complaint as if set out verbatim herein.

From its initial notification of Plaintiff s claims for underinsured motorists and medical

payments benefits, Defendants failed to conduct an adequate investigation of his claims.

From its initial notif,rcation of Plaintiff s claims for underinsured motorists and medical

payments benefits, Defendants acted maliciously, willfully, and intentionally,

predetermined to reñlse and/or delay payment of Plaintiffls valid claims.

Defendants' cleliberate, malicious and intentional acts toward Plaintiff has proximately

caused continuing economic and non-economic damages to Plaintiff, all of which warrant

and command an award of punitive damages.

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WHEREFORE, Plaintifß demand the following reliet

An ar,vard of compensatory damages against Defèndants, joint and severally, in an

amount in excess of this Court's jurisdictional limits, and as proven by the

evidence at trial in connection with sums due Plaintiff under his State Farm

policy, plus the attorneys fees, costs, as well as compensatory damages in an

amount to fully and fairly compensate him for the annoyance, aggravation and

inconvenience he experienced in connection with the pursuit of his claims, other

net economic and non-economic losses and consequential damages Plaintiff

sustained as a result ofthe defendants conduct;

Compensatory and punitivc damages against Defendants, joint and severally, in

connection with their conduct in acts that were and continue to be in breach of the

covenant of good faith;

Pre-iudgment and post-judgment interest, and attorney's fees and costs incurred in

pursuing this action; and

Such filrther and additional damages as the Court may deem just and proper.

A TRIAL BY JURY IS DEMANDED ON ALL ISSUES

Plaintiff by counsel:

JAMES R. LEACH (OBN 0069206)

Jlnr Lracn,L.C.

34 Bickel Mansion Drive

Parkersburg, West Virginia 26101

304-86s-8s30

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