Mancos Millien, 62. was left a quadriplegic as a result of a 2008 automobile accident. Last week, a Broward County jury awarded him $33.1 million in damages.
This unfortunate incident began December 31, 2008 at approximately 2:40 a.m. On the aforementioned date and time Mr. Milien was traveling as a passenger in a vehicle that was rear ended on Southbound I-95.
According to Juan Ortega of the Fort Lauderdale Sun Sentinal, Milien, formerly of Delray Beach, now lives at the Florida Institute for Neurologic Rehabilitation in Wauchula, where he receives extensive care.
It is doubtful that Wendy Whitney, the 38 year old travel agent, that was at fault for causing this accident has the financial ability to satisfy this $33 million dollar judgment. In trying to read between the lines, it may be the case that Ms. Whitney's insurance carrier refused to settle this case for her policy limits and thus left her exposed to an excess judgment. If that in fact is true, then Ms Whitney will have a cause of action for Bad Faith against her insurance carrier. That cause of action would be assigned to Mr. Millien in exchange for him not executing on the judgment.
This area of law known as Bad Faith is governed by Florida Statute 624.155, which states:
(1) Any person may bring a civil action against an insurer when such person is damaged:
(b) By the commission of any of the following acts by the insurer:
1. Not attempting in good faith to settle claims when, under all the circumstances, it could and should have done so, had it acted fairly and honestly toward its insured and with due regard for her or his interests;
This is the most vital protection we have against insurance companies. In essence it provides a recourse when insurance companies, as they all too often do, fail to do "the right thing".
It will be interesting to see which insurance company felt this case was not worth $10,000.00, $25,000.00, $100,000.00, or even $1,000.000.00 (most common individual bodily injury liability limits)
Make sure your insurance carrier is really like a good neighbor.
