Timothy Kuhn v. Hector Cervantes-Andrade, USAA

VERDICT

Trial
01/27/25 – 01/31/25

Summary

In this bad-faith insurance case, plaintiff Timothy Kuhn was struck from behind by a pickup truck while stopped in traffic on the highway. Kuhn claims the accident left him with a concussion, along with neck and back injuries. USAA initially determined the accident was the truck driver's fault, but when Kuhn sued the driver, USAA intervened and claimed that Kuhn bore responsibility for the accident.

Representatives for Kuhn claim that USAA's actions show they acted in bad faith. Throughout the treatment process, USAA allegedly offered $10k, an amount that Kuhn did not find appropriate for the scope of his injuries. Additionally, USAA's assignment of comparative negligence during the legal process undermines the duty to act in good faith to insured. While USAA eventually offered the policy limit of $250k, Kuhn claims that this was strategic to delay payment and avoid paying valid claims immediately.

Defendant USAA claims that the lack of payment was due to further investigation into the underlying facts of the accident. While these facts show Kuhn received injuries, representatives for USAA believe the damage was exaggerated. While USAA agreed to pay policy limits, its representatives claim this is a litigation strategy, not a confirmation of Kuhn's injuries.

Outcome

Verdict for plaintiff.

Total Damages: $114 million
Including $14 million in compensatory damages and $100 million in punitive damages.

Case Information
Attorneys
Witnesses
Plaintiff
Defense
Verdict
$114,000,000
Judge
Gloria Sturman
Jurisdiction
8th District Court of Nevada
Court
Eighth District Court of Nevada-Clark County
Case Number
A-20-821602-C
Industry
Automotive, Insurance, Transportation
Practice Area
Insurance, Negligence
Plaintiff
Kuhn, Timothy
Defense
Cervantes-Andrade, Hector
Defense
USAA Casualty Insurance Co
Expert Witnesses
Lay Witnesses

Sessions

JAN
27
JAN
28
JAN
29
JAN
30
JAN
31

Recording Disclaimer: This proceeding was recorded in full.

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