Dallas Deceptive Trade Lawsuit Filed Against Insurance Company

Posted on Tuesday, August 2nd, 2011 at 4:33 pm    

A Dallas man has filed a deceptive trade lawsuit against Indemnity Insurance Company of North America.

According to court documents, Dan Daniels’ bad-faith lawsuit against Indemnity Insurance arises out of a workers’ compensation claim Daniels filed after he was injured on the job in 2003. Daniels was injured while working for ThyssenKrupp Elevator Corporation, for which Indemnity was the workers’ compensation carrier. The insurance company paid Daniels both temporary benefits and impairment benefits based on a 19 percent impairment rating.

In November 2005, the Division of Workers’ Compensation notified Daniels that he was eligible for supplemental income benefits from November 26, 2005 though February 24, 2006, according to the lawsuit. Daniels claims Indemnity disputed his entitlement to these benefits asserting he did not make a good faith effort to look for work commensurate with his ability to work. Indemnity also claimed Daniels sustained an unrelated, intervening injury. The insurance company requested a contested case hearing with the Division of Workers’ Compensation. After the hearing, an officer found that Daniels had made a good faith effort to look for work, but failed to establish that his earnings were now less than eighty percent of his weekly wage at ThyssenKrupp. The hearing officer ruled that Daniels was not entitled to supplemental income benefits.

Daniels filed a lawsuit against Indemnity which contends that his weekly wage is less than 80 percent of what he made while employed. Indemnity officials declined to comment on the suit.

If you need assistance with a deceptive trade lawsuit against an insurance company, please contact the Dallas Deceptive Trade Claims Insurance Attorneys of Smith Kendall, PLLC, by calling 214-361-6124.