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ARTICLE · 22 SEPTEMBER 2016

Barickman v. Mercury Casualty Company

The California Second District Court of Appeal affirmed a judgment for bad faith damages in favor of third party claimants and assignees, Laura Beth Barickman and Shannon Mcinteer, for a total of $3 million.

United StatesInsurance

In Barickman v. Mercury Cas. Co., 2 Cal.App.5th 508 (August 15, 2016), the California Second District Court of Appeal affirmed a judgment for bad faith damages in favor of third party claimants and assignees, Laura Beth Barickman ("Barickman") and Shannon Mcinteer ("Mcinteer"), for a total of $3 million. The parties' lawsuit arose out of an underlying accident, wherein, Mercury's insured, Timory McDaniel struck and injured Barickman and Mcinteer while driving an automobile intoxicated. Barickman and Mcinteer were in a cross-walk when struck by McDaniel. Subsequently, on September 1, 2010, Mercury offered McDaniel's policy limits of $15,000 per person to Barickman and Mcinteer. On September 24, 2010, Barickman's and Mcinteer's counsel, Mark Algorri, advised that he would need a complete statement of assets to assist his clients in determining whether to accept Mercury's offer and satisfaction of all civil claims.

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