Why Progressive Paid $40 Million for a $710 Car

A federal jury in Oklahoma has returned a $40 million verdict against Progressive Direct Insurance Company in a dispute involving the handling of an injured policyholder’s underinsured motorist claim. The verdict came after Mary Paulding, a Tulsa-area woman, pursued litigation alleging that her insurer failed to properly investigate, evaluate, and pay benefits arising from a 2022 automobile accident. The jury found in her favor on her bad-faith claim and awarded $20 million in compensatory damages and another $20 million in punitive damages.

The dispute began after Paulding was involved in a motor vehicle accident in March 2022. The other driver’s insurance coverage was ultimately tendered at a $25,000 policy limit, leaving Paulding to seek benefits under her own underinsured motorist coverage. Court records show that she made a demand for underinsured motorist benefits in August 2022. The subsequent handling of that claim became the central issue in the federal lawsuit.

According to the court record, the claim did not receive an evaluation and offer from Progressive until August 2023. The insurer ultimately valued the claim at $25,710 and offered Paulding $710, after accounting for the $25,000 already tendered by the other driver’s insurer. The court record states that the evaluation did not include lost wages.

The case involved disagreements over whether Progressive had sufficient information to evaluate the claim earlier. Progressive argued that the investigation was delayed because additional medical records, wage documentation, and confirmation concerning the other driver’s insurance limits had not been provided. The plaintiff disputed that explanation and argued that the insurer had enough information to evaluate the claim and had improperly delayed payment.

Before the case went to trial, a federal magistrate judge rejected Progressive’s request for summary judgment in July 2026. The court found that there were factual questions concerning whether the insurer’s investigation was reasonable, whether the claim was properly evaluated, and whether payment had been delayed without adequate justification. The ruling allowed the bad-faith and punitive-damages issues to proceed to a jury.

The court’s July ruling is particularly significant because it identified specific evidence that could support the plaintiff’s allegations. The court noted testimony indicating that an adjuster had recognized a disc herniation but marked permanent injuries as not applicable when calculating the claim’s value. The court concluded that a reasonable jury could determine that Progressive had failed to reasonably investigate the permanency of Paulding’s injuries and had consequently undervalued the claim.

Oklahoma law also played an important role. The court explained that insurers handling claims are required to conduct investigations that are reasonably appropriate under the circumstances. The court further cited Oklahoma law concerning an insurer’s obligation to take prompt action in determining what payment is due in an underinsured motorist claim. These legal standards formed part of the framework for determining whether the insurer’s conduct could amount to bad faith.

The jury ultimately found that Progressive breached its duty of good faith and fair dealing in its handling of Paulding’s claim. The resulting award was divided equally between compensatory and punitive damages. The $20 million compensatory portion was intended to address the damages determined by the jury, while the separate $20 million punitive award reflected the jury’s determination that punitive damages were warranted under the applicable law.

The case illustrates how an insurance dispute can become substantially larger when the central issue moves beyond the amount of benefits owed and into the insurer’s conduct in investigating and evaluating the claim. A disagreement over a claim’s value does not automatically establish bad faith. In this case, however, the court determined before trial that the plaintiff had presented enough evidence concerning the investigation, valuation, and timing of the payment to allow those issues to be decided by a jury.

The verdict also demonstrates the potential financial consequences of punitive-damages claims in insurance litigation. What began as a dispute involving a relatively small policy-benefit demand ultimately resulted in a jury verdict totaling $40 million. The award therefore places significant attention on the procedures insurers use when reviewing underinsured motorist claims, including the collection and consideration of medical information, assessment of permanent injuries, and timing of payments.

As reported in the available case materials, the verdict was returned on August 7, 2026, in the U.S. District Court for the Northern District of Oklahoma. The case was filed in federal court in February 2024 after initially being brought in state court.

It is also important to distinguish the jury verdict from a final appellate resolution. The available reporting and legal materials establish the August 2026 jury award, but the existence of a verdict does not by itself mean that every aspect of the case is permanently resolved or immune from subsequent post-trial or appellate proceedings. The amount ultimately paid can depend on later court action and any appellate proceedings.

Overall, the case centers on a fundamental insurance-law question: whether an insurer handled a policyholder’s claim in accordance with its contractual obligations and the duty of good faith imposed under Oklahoma law. The jury’s $40 million verdict represents the outcome reached at trial after considering the evidence concerning the investigation, valuation, and handling of Paulding’s underinsured motorist claim.

Key Legal Outcome

  • A federal jury returned a $40 million verdict against Progressive Direct on August 7, 2026.
  • The award consisted of $20 million in compensatory damages and $20 million in punitive damages.
  • The jury found Progressive liable for breaching its duty of good faith and fair dealing in handling the underinsured motorist claim.
  • Before trial, the federal court had rejected Progressive’s summary-judgment request, finding factual issues concerning the investigation, valuation, payment delay, and potential punitive damages.
  • The dispute arose from a claim in which Paulding sought underinsured motorist benefits and received an eventual $710 offer after the other driver’s $25,000 liability limit was tendered.

Why It Matters

The dispute underscores the importance of documenting the information considered during claim evaluation, particularly evidence concerning the severity and permanence of an insured person’s injuries.

The case highlights the legal significance of how insurers investigate and evaluate claims, not simply whether they ultimately pay benefits.

It shows that factual disputes over claim delays, medical evidence, and valuation can become central issues in an insurance bad-faith trial.

The verdict demonstrates the potentially substantial financial exposure associated with punitive damages in insurance litigation.

The case provides a significant example of litigation involving underinsured motorist coverage and an insurer’s duties under Oklahoma law.

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State Farm roof replacements are the single largest area where it could cut costs.

Whitten Burrage, the firm leading the charge with hundreds of cases against State Farm in Oklahoma, filed a Motion to De-designate 44 documents that State Farm had fought for years to keep sealed under protective orders. On August 20, 2026, District Judge Grant Sheperd of Comanche County ruled that 31 of those 44 documents were not entitled to confidential treatment. Whitten Burrage has also been retained to prosecute the State of Oklahoma’s action against State Farm alongside the Attorney General’s fantastic team.

The unsealed records lay out an internal, company-wide effort to reduce wind and hail claim payments — developed and rolled out without policyholders’ knowledge. The documents include internal savings metrics and payment-reduction targets tied to roof and storm-damage claims.

  1. It started as a “biggest bucket of opportunity.” Internally, State Farm identified full roof replacements as the single largest area where it could cut costs. One executive, Nicole Manduca, wrote plainly that this “biggest bucket” meant savings on what the company pays out to policyholders. (Ex. 3-4). A 2020 planning document put a number on it: roof claims made up 57% of what State Farm was paying out — making it the company’s top target. (Ex. 5).
  2. They built a “playbook” and rolled it out nationwide. Starting with a “kickoff” in Dallas County, Texas in June 2020, the “tactics” expanded to all of Texas by December, then to every state by the end of that year. (Ex. 30). The documents lay out the specific tools used to get adjusters to approve fewer full roof replacements and more “repairs” instead:
    • A “Roof Skills Review” and mandatory refresher training
    • A training module called “Art of the Conversation” — essentially, a script to help adjusters and agents deliver bad news to customers without changing the actual insurance policy
    • “Haag Refresher”
    • Extra manager sign-off required before a roof replacement could be approved — but not before a claim was denied or downgraded to a repair
    • Weekly tracking of how often roof-replacement decisions were being “overturned” to repairs instead
    • A dedicated internal team — the “Hail Reconciliation Unit” — whose job was to review and reverse roof-replacement recommendations
    Ex. 30. The duty of good faith and fair dealing requires that insurance companies cannot employ tactics to arbitrarily reduce coverage, yet State Farm engaged in these tactics regardless.
  3. They measured it like a sales campaign. Executives discussed “how we’ll know the tactics are working” and tracked the ratio of full roof replacements to partial repairs. (Ex. 2). According to the documents, that ratio was cut by more than half after the rollout. (Ex. 6). One executive, Tom Moss, did the math out loud in an email: each percentage-point drop in approvals was worth roughly $78.8 million a year, based on an average savings of about $15,769 per denied or downgraded claim. (Ex. 7).
  4. They bragged about the results. An internal email credits the roof tactics with a $1.4 billion drop in claims payouts in just the first year. (Ex. 6). One executive described a new internal tracking dashboard as a “silver platter” handed to the team running the program. (Ex. 8).
  5. There was assistance from outside consulting to make the numbers look legitimate. State Farm hired Accenture to help develop industry benchmarks suggesting insurers overpay on wind and hail claims — benchmarks built to justify the internal cost-cutting rather than to reflect independent, objective standards. (Ex. 10, Ex. 30).
  6. State Farm worked with Haag to use a hidden definition of damage, which is missing from State Farm’s policy. Haag wrote a white paper in 2006, which defined functional damage as: “Functional damage to any roofing is defined as diminution in its water-shedding capability or reduction in the expected long-term service life of the material.” State Farm’s operational guidelines, on Section C, Composition Roofs, State Farm trains its adjusters that “damage occurs to roof coverings when water shedding ability or the life expectancy of the material is reduced.” (Ex. 26). That is the same definition provided by Haag, but is completely missing from State Farm’s policies. Exhibit 27 shows that State Farm required all of its claim handlers and team managers must watch at least 2 hours each year and new claim handlers must have 5.5 hours of Haag training videos.
  7. State Farm’s own agents were sounding the alarm the whole time. Hundreds of agents complained because they witnessed firsthand how wind and hail claim handling changed drastically but the policy did not change at all. A State Farm agent, Tracy Haus, emailed company leadership directly, including the CEO and CFO, warning that the company’s reputation was collapsing because of how roof claims were being handled. (Ex. 17). She wrote that customers were being lowballed, that adjusters were being pushed to write repair estimates instead of replacements even when replacement was clearly warranted, and that even competitors known for bad claims service — like Allstate — now had a better reputation than State Farm in some markets. Other internal documents describe agents as “distrustful” of the company and note a “larger than normal number of complaints.” (Ex.’s 18, 19, 20, 21). Leadership’s response, per the documents, was to keep running the same tactics causing agents, contractors and insureds complaints. (Ex.’s 6, 13, 14). State Farm engaged in training the agents to have harder conversations with the “Art of the Conversation,” which helped agents have “tougher conversations” when “we are unable to extend coverage or only partial coverage.” (Ex. 9). State Farm even had an Oklahoma call with all the captive agents to discuss wind and hail coverage in 2020. (Ex. 24).
  8. There was even a repurposed “Fix Profit Task Force” discussing claims. Internal emails show a group originally focused on profit strategy was repurposed to meet weekly specifically to discuss claims-handling numbers — a detail that undercuts the industry’s usual defense that claims departments are walled off from profit pressure. (Ex. 14).

A 2020 “Prioritized Tactics” playbook lays out the rollout timeline: a kickoff in Dallas County, Texas in June 2020, expansion across Texas that December, and expansion to all states by December 17, 2020. The listed tactics include roof skills reviews, HAAG refresher training, team-manager review of roof-replacement recommendations (but not denials), and weekly monitoring of overturned recommendations. (Ex. 30.) A related “Hail Reconciliation Unit” is described as existing specifically to overturn full-replacement recommendations and track the resulting reductions in coverage. (Ex. 31.)

Why this matters (the “so what”)

Insurance regulators and courts have generally held that a claims department is supposed to evaluate what’s owed based on the policy and the damage — not based on internal savings targets. These documents show State Farm running its wind and hail claims process more like a cost-cutting sales campaign, complete with quotas, tracking dashboards, and internal messaging control — while telling customers nothing had changed about their coverage.

“Internal State Farm documents, unsealed for the first time in a court case, show company leadership built and tracked a nationwide program to reduce roof-damage payouts — bragging in 2021 about saving $1.4 billion in a single year — even as its own agents warned executives the company’s reputation with customers was collapsing.” – Senior Partner, Reggie Whitten

The duty of good faith and fair dealing that Oklahoma law requires all insurance companies to owe its insureds means insurance companies must be fair to you. Under Oklahoma law, the duty of good faith and fair dealing in every insurance contract requires insurance companies to treat their insureds fairly, cannot offer less than a claim is worth, and must evaluate the claim timely and thoroughly on its individual merits. Milroy v. Allstate Ins. Co., 2007 OK CIV APP 6, ¶18, 151 P.3d 922; Newport v. USAA, 2000 OK 59, ¶ 15, 11 P.3d 190; Christian v. American Home Assur. Co., 1977 OK 141, ¶ 12, 577 P.2d 899; 36 O.S. § 1250.5. 

The Insurance Trap: Customers Pay More, Receive Less, and Insurers Report Record Profits

Insurance is supposed to provide peace of mind. Families pay premiums year after year with the expectation that when disaster strikes, the company they trusted will help them rebuild.

But for millions of Americans, that promise is breaking down.

Home and automobile insurance premiums have risen sharply since 2020, increasing at more than twice the rate of inflation, according to the transcript. At the same time, policyholders are encountering higher deductibles, reduced coverage, canceled policies, delayed claims, and settlement offers that cover only a fraction of their losses.

The insurance industry frequently attributes rising premiums to wildfires, hurricanes, severe storms, inflation, and the growing cost of repairs. Those risks are real. However, they do not tell the entire story.

Even as customers pay more and receive less, property and casualty insurance companies are reporting extraordinary profits.

The central question is no longer simply whether insurance is becoming more expensive. It is whether Americans are being charged more than necessary while insurance companies increasingly fail to provide the protection their customers purchased.


From $800 to Nearly $3,000

When Jason Minott and his wife purchased a home in northern New Jersey in 2021, they searched extensively for affordable homeowners insurance. The best policy they found cost approximately $800 per year.

Five years later, their annual premium had climbed to nearly $3,000.

The increase affected far more than the household budget. Jason and his wife began making painful decisions about what their children would have to go without.

“My older son, we had him in karate,” Jason recalled. “We had to, like, take him out of that.”

Jason wanted to provide his children with extracurricular activities, but the family could no longer afford them while also paying the mortgage, automobile insurance, homeowners insurance, and other household expenses.

Insurance now represents more than 10 percent of the average American mortgage payment, according to the transcript. Twenty years ago, it represented approximately 5 percent.

Jason understands that insurers face legitimate risks. Hurricane Ida damaged his home and required about $20,000 in repairs. But when he submitted a claim, his insurer attributed much of the damage to existing wear and tear and paid only $1,900.

Most of the repair costs came out of Jason’s own pocket.

“I feel cheated,” he said. “Why do my family and I and others have to pay such an expensive insurance premium? And still at the end, we don’t get the protection that we pay for.”

Jason’s experience captures the growing frustration of policyholders across the country. Premiums rise because insurers say risks are increasing, yet when one of those risks becomes a reality, customers often discover that their coverage is far less valuable than they believed.


Where Do the Premium Dollars Go?

One way to evaluate whether insurance prices are reasonable is by examining an insurer’s loss ratio.

The loss ratio measures how much an insurance company pays in claims compared with how much it collects in premiums. If an insurer collects $100 in premiums and pays $80 in claims, its loss ratio is 80 percent.

Brian Shearer, a former official with the Consumer Financial Protection Bureau, examined loss ratios throughout the property and casualty insurance industry.

During the 1970s and 1980s, industry loss ratios averaged approximately 80 percent and sometimes approached 90 percent. In other words, insurers returned most premium dollars to customers through claim payments.

That pattern has changed dramatically.

According to the transcript, the average property and casualty insurance loss ratio fell to approximately 62 percent in 2024. For homeowners insurance, the reported 2025 loss ratio was only 55 percent.

That means homeowners insurers, on average, paid approximately 55 cents in claims for every premium dollar collected.

These unusually low loss ratios appeared during years when Americans were repeatedly told that climate change, wildfires, hurricanes, and extreme weather made substantial premium increases unavoidable.

“The prices are going up, but they don’t need to be going up,” Shearer concluded. “The margins are huge.”

The American Property Casualty Insurance Association offered a different explanation. The organization argued that lower loss ratios allow insurers to maintain and restore their financial strength so money will remain available for catastrophic future claims.

Insurance companies unquestionably need adequate reserves. A company that pays out every dollar during a mild year may not survive a catastrophic one. But an examination of industry spending raises questions about whether all the retained money is actually being reserved for future policyholders.


Advertising, Executive Compensation, and Private Jets

Insurance is one of the most heavily advertised industries in America. Consumers are surrounded by celebrity endorsements, humorous mascots, Super Bowl commercials, and promises that a particular insurer will be there when disaster strikes.

Every advertisement is ultimately funded by premium dollars.

According to Shearer, advertising expenses and agent commissions account for approximately 16.3 percent of premiums across the property and casualty insurance market.

The transcript also reports that the ten largest insurers spent approximately $134 million on chief executive compensation packages in 2024. Several leading insurance companies reportedly maintain private aircraft fleets.

State Farm reportedly purchased four private jets during a 12-month period in 2023 and 2024. During roughly the same period, the company was warning California regulators that it might withdraw from the state unless it received approval to raise rates.

Liberty Mutual reportedly owns four private jets purchased during the previous five years, while Progressive reportedly owns another.

Those expenditures do not necessarily establish wrongdoing. Large national corporations may offer business justifications for executive travel, extensive advertising, and high compensation. But they raise an uncomfortable question:

If insurers cannot afford to pay claims or maintain coverage without imposing substantial rate increases, how can they afford enormous advertising campaigns, multimillion-dollar executive packages, stock repurchases, shareholder distributions, and private aircraft?

For policyholders struggling to repair damaged homes, the contrast can be infuriating.


A Church Left Waiting for Help

Bishop James Fannin leads a church outside Dayton, Ohio. After a powerful storm tore away part of the church’s roof, water and debris damaged the interior, ceiling tiles, insulation, and pews.

The church was insured by State Farm, with up to $2.2 million in coverage for the building and its contents.

The church hired public adjuster Barry Deem to document the damage. His report included photographs, videos, repair estimates, and a determination that replacing the pews would cost approximately $110,000.

According to Deem, State Farm offered only $25,000 for the pews and did not provide an equivalent report explaining its valuation.

The church estimated that it still needed approximately $590,000 to complete the repairs. After a claims process lasting more than a year, State Farm had reportedly offered approximately $167,000.

When asked how he reacted to the offer, Fannin said he laughed hysterically because the situation was “so sad.”

The dispute soon became even more troubling.

State Farm sent the church a notice stating that the exterior and interior repairs had to be completed by July 22 or the church could lose its coverage.

“If we’d have had the money to fix it, we wouldn’t have needed the insurance,” Fannin said.

That sentence exposes the impossible position many policyholders face. They cannot complete repairs without the insurance benefits, but the insurer threatens to cancel their coverage because the repairs have not been completed.

State Farm declined to discuss the specific claim, but stated that it had been working with the church and its public adjuster to provide all benefits available under the policy. The company later granted the church an extension until mid-September.

For Bishop Fannin, however, the dispute is about more than construction costs.

“I’m tired, as a man of God, being made to feel like that we’re insignificant, that we don’t matter,” he said. “We pay our monthly premium just like everybody else. I’m held accountable for everything I do.”


The Financial Incentive to Delay Claims

Insurance companies do not make money solely by collecting more in premiums than they pay in claims. They also generate enormous returns by investing the money they hold.

Consumer advocate Doug Heller explained that insurers collect premiums before claims are paid. During the time between collection and payment, the companies invest that money in financial markets.

The longer an insurer retains the money, the longer it can potentially earn investment returns.

“If they can hold off on paying claims, then that’s profit for them,” Heller explained.

Shearer offered an even more revealing description: An insurance company can sometimes be understood as an investment firm that obtains capital by operating an insurance business.

According to figures cited in the transcript, property and casualty insurers generated approximately $112 billion in investment profits during 2025. That was reportedly in addition to approximately $69 billion in underwriting profits.

This business structure creates a potential conflict between the policyholder’s needs and the insurer’s financial interests.

The customer needs the claim paid quickly to repair a home, replace property, or return to normal life. The insurer may financially benefit from retaining that money as long as possible.

That does not mean every delayed claim is intentional or improper. Insurance companies must investigate losses, confirm coverage, evaluate damages, and detect fraud. But when unjustified delays become routine, the insurer may benefit from the very hardship imposed on the policyholder.

One proposed reform would require insurers to pay interest for every day that they wrongfully delay, deny, or underpay a claim. Such a rule would alter the financial calculation. Instead of profiting from delay, an insurer would face a direct financial consequence for withholding benefits it should have paid.


Is the Insurance Market Becoming a Hostage Situation?

Property and casualty insurance is primarily regulated at the state level. Insurance commissioners may review rate requests, investigate unfair claims practices, and, in some states, reject unjustified premium increases.

But when regulators resist rate increases, insurers may threaten to stop writing new policies or withdraw from a market altogether.

California has become the clearest example.

Insurance companies argue that wildfire risk and catastrophic losses have made portions of the state increasingly difficult to insure. Those concerns are legitimate. However, consumer advocates point out that California remained one of the country’s most profitable homeowners insurance markets between 2019 and 2024, despite industry warnings about unsustainable losses.

Jane Kim, a candidate for California insurance commissioner featured in the transcript, described the state’s predicament bluntly.

“We either let them raise their rates, or they exit California,” she said. “And that’s not a healthy marketplace. That’s a hostage situation.”

Kim proposed establishing minimum loss ratios. Under her proposal, homeowners insurers would be required to spend at least 65 cents of every premium dollar on claims, while automobile insurers would be required to spend at least 75 cents.

If an insurer collected more than permitted without paying the required percentage in claims, customers would receive rebates.

This approach already has a precedent in health insurance. The Affordable Care Act requires health insurers to devote a minimum percentage of premium revenue to medical care and quality improvements. Companies that fail to meet the applicable threshold must return money to policyholders.

A similar rule for homeowners and automobile insurance could connect premiums more closely to the protection customers actually receive.


Could Public Disaster Insurance Provide an Alternative?

Kim also proposed a publicly operated disaster insurance program modeled after systems in countries such as France, Spain, and New Zealand.

Under such a system, residents would receive automatic coverage for certain natural disasters through a nonprofit public program. Premium dollars would not be used for shareholder dividends, private jets, or multimillion-dollar advertising campaigns. Investment returns could remain within the program to pay future claims or reduce costs.

Creating such a system would not be easy. It would require legislative approval, significant initial funding, competent administration, and safeguards against political interference. The transition would also have to protect people who have paid private insurance premiums for decades.

Nevertheless, the proposal reflects the growing belief that private insurance markets are no longer fulfilling their most basic purpose in high-risk areas.

Insurance was created to spread risk across a large group so that individuals would not be financially destroyed by a disaster. When insurers collect premiums but retreat from communities as soon as the risk increases, the public is left to ask what service the companies are actually providing.


A System Approaching Its Breaking Point

The transcript reports that insurance industry policyholder surplus reached approximately $1.27 trillion, an all-time high. At the same time, insurers have reportedly dropped coverage for at least two million people since 2018.

Approximately one in seven owner-occupied homes is now uninsured, largely because families cannot afford coverage or cannot find a company willing to insure them.

Those numbers describe a system moving in two opposite directions.

The industry is accumulating historic levels of capital while a growing number of consumers are losing access to basic protection. Families are paying higher premiums, accepting larger deductibles, and receiving narrower coverage. When they file claims, many face delays, denials, and settlement offers that do not come close to paying for repairs.

Insurance companies have the right to earn a reasonable profit. They must maintain adequate reserves, prepare for catastrophic losses, investigate suspicious claims, and remain financially stable.

But insurance is not an ordinary product. People buy it because they fear losing their homes, vehicles, businesses, and financial security. That fear gives insurers extraordinary power and imposes an equally extraordinary responsibility.

The industry cannot demand higher premiums because the world is becoming more dangerous while simultaneously reducing coverage, denying more claims, withdrawing from vulnerable communities, and distributing excess capital to executives and shareholders.

Americans are doing what the system asks of them. They pay their premiums, meet their deductibles, maintain their properties, and trust that the policy will protect them.

The question is whether the insurance industry is still keeping its side of the bargain.

Glossary

Glossary

– A –

Action: Proceeding taken in a court of law. Synonymous with case, suit, lawsuit.

Affidavit: A written declaration under oath

Allegation: A declaration of a party to an action made in a pleading, stating what he expects to prove.

Alleged: Stated; recited; claimed; asserted; charged.

Appeal: Review of a case by a higher court.

Appearance: The formal proceeding by which a defendant submits to the jurisdiction of the court.

Arbitration: The hearing and settlement of a dispute between opposing parties by a third party whose decision the parties have agreed to accept.

Assigned Risk: A risk not ordinarily acceptable to insurers which is, according to state law, assigned to insurers participating in a plan in which the insurers agree to accept their share of these risks.

Automobile Insurance: A form of insurance that protects against losses involving autos. Examples of coverage types include: bodily injury liability, property damage liability, medical payments, and collision and comprehensive coverage for physical damage to the insured’s vehicle.

– B –

Basic Limits of Liability: The least amount of liability coverage that can be purchased. In determining rates, a carrier will use the basic limits to develop the base rates. If an insured person wants higher limits, the carrier applies an increased limits factor to the base rate in calculating the new premium for the increased coverage.

Bodily Injury Liability: Legal liability for causing physical injury or death to another.

Burden of proof: Measure of proof required to prove a fact. Obligation of a party to probe facts at issue in the trial of a case.

– C –

Case: Any proceeding, action, cause, lawsuit or controversy initiated through the court system by filing a complaint, petition, indictment or information.

Cause of action: A legal claim.

Citation: Summons to appear in court. 2. Reference to authorities in support of a legal argument.

Civil law: All law that is not criminal law. Usually pertains to the settlement of disputes between individuals, organizations or groups and having to do with the establishment, recovery or redress of private and civil rights.

Claim: The assertion of a right to money or property.

Collision Insurance: This covers loss to the insured person’s own auto caused by its collision with another vehicle or object.

Common law: Law which derives its authority solely from usage and customs of immemorial antiquity or from the judgments and decrees of courts. also called “case law.”

Comparative negligence: Negligence of a plaintiff in a civil suit which decreases his recovery by his percentage of negligence compared to a defendant’s negligence. Complaint: In a civil case, it is the initial document entered by the plaintiff which states the claims against the defendant.

Costs: An allowance for expenses in prosecuting or defending a suit. Ordinarily does not include attorney’s fees.

Comprehensive Coverage: Covers damage to a vehicle caused by an event other than a collision or overturn. Examples include fire, theft, vandalism, and falling objects. Criminal law: Body of law pertaining to crimes against the state or conduct detrimental to society as a whole. Violation of criminal statues are punishable by law.

– D –

Damages: Compensation recovered in the courts by a person who has suffered loss, detriment or injury to his/her person, property or rights, through the unlawful act or negligence of another.

Deductible: The amount an insured person must pay before the insurance company pays the remainder of each covered loss, up to the policy limits.

Default: A failure of a party to respond in a timely manner to a pleading; a failure to appear for trial.

Defendant: In a civil case, such as an car accident lawsuit, the defendant is the person against whom a civil action is brought.

Defense attorney: The attorney who represents the defendant.

Deposition: Sworn testimony taken and recorded in an authorized place outside of the courtroom, according to the rules of the court.

Discovery: A pretrial proceeding where a party to an action may be informed about (or “discover”) the facts known by other parties or witnesses.

Disposition: Determination of a charge; termination of any legal action.

Due process: a Constitutional guarantee that an accused person receive a fair and impartial trial.

– E –

Evidence: Any form of proof legally presented at a trial through witnesses, records, documents, etc.

Exception: A formal objection of an action of the court, during the trial of a case, in refusing a request or overruling an objection; implying that the party excepting does not acquiesce in the decision of the court and will seek to obtain its reversal.

Expert evidence: Testimony given by those qualified to speak with authority regarding scientific, technical or professional matters.

– F –

Felony: Crime of grave nature than a misdemeanor.

Fine: A sum of money imposed upon a convicted person as punishment for a criminal offense.

File: “To file” a paper is to give it to the court clerk for inclusion in the case record.

– H –

Hearing: An in-court proceeding before a judge, generally open to the public. Hearsay: Evidence based on what the witness has heard someone else say, rather than what the witness has personally experienced or observed.

Hit and Run: An accident caused by someone who does not stop to assist or provide the required and necessary information.

– I –

Inadmissible: That which, under the established rules of evidence, cannot be admitted or

received.

Injunction: Writ or order by a court prohibiting a specific action from being carried out by a person or group.

Injury: Hurt or harm; violate the legal rights of another person.

– J –

Judgment: Final determination by a court of the rights and claims of the parties in an action.

– L –

Lapse in Coverage/Policy Lapse: A point in time when a policy has been canceled or terminated for failure to pay the premium, or when the policy contract is void for other reasons.

Lawsuit: A civil action; a court proceeding to enforce a right (rather than to convict a criminal).

Lawyer: A person licensed to practice law; other words for “lawyer” engaged in a lawsuit.

– M –

Misdemeanor: Criminal offenses less than felonies; generally those punishable by fine or imprisonment of less than 90 days in a local facility. A gross misdemeanor is a criminal offense for which an adult could be sent to jail for up to one year, pay a fine up to $5,000 or both.

Mistrial: Erroneous or invalid trial. Usually declared because of prejudicial error in the proceedings or when there was a hung jury.

Mitigating circumstances: Those which do not constitute a justification or excuse for an offense but which may be considered as reasons for reducing the degree of blame.

– N –

Negligence: The absence of ordinary care.

– P –

Parties: Persons, corporations, or associations, who have commenced a law suit or who are defendants.

Personal Auto Policy: The most common auto insurance policy sold today. Often referred to as “PAP,” this policy provides coverage for liability, medical payments, uninsured/under insured motorist coverage, and physical damage protection.

Personal Injury Protection: Personal Injury Protection (PIP) usually includes benefits for medical expenses, loss of income from work, essential services, accidental death, funeral expenses, and survivor benefits.

Perjury: Making intentionally false statements under oath. Perjury is a criminal offense. Physical Damage: Damage to your covered vehicle from perils including (but not limited to) collision or upset with another vehicle object, fire, vandalism and theft.

Plaintiff: The party who begins an action; the party who complains or sues in an action and is named as such in the court’s records. Also called a petitioner.

Plea: A defendant’s official statement of “guilty” or “not guilty” to the charge(s) made against him.

Policy: The written documents of a contract for insurance between the insurance company and the insured. Such documents include forms, endorsements, riders and attachments.

Proceeding: Any hearing or court appearance related to the adjudication of a case.

– R –

Rebuttal: The introduction of contradicting or opposing evidence showing that what witnesses said occurred is not true, the stage of a trial at which such evidence may be introduced.

Respondent: Party against whom an appeal is brought in an appellate court. the prevailing party in the trial court case.

Reversal: Setting aside, annulling, vacating or changing to the contrary the decision of a lower court or other body.

– S –

Service: Delivery of a legal document to the opposite party.

Settlement: Conclusion of a legal matter.

Settlement conference: A meeting between parties of a lawsuit, their counsel and a judge to attempt a resolution of the dispute without trial.

Statute: A law created by the Legislature.

Statute of limitations: Law which specifies the time within which parties must take judicial action to enforce their rights.

Subpoena: Document issued by the authority of the court to compel a witness to appear and give testimony or produce documentary evidence in a proceeding. Failure to appear or produce is punishable by contempt of court.

Suit: Any court proceeding in which an individual seeks a decision.

Summons: Document or writ directing the sheriff or other officer to notify a person that an action has been commenced against him in court and that he is required to appear, on a certain day, and answer the complaint in such action.

– T –

Testimony: Any statement made by a witness under oath in a legal proceeding. Transcript: The official record or proceedings in a trial or hearing, which is kept by the clerk.

Trial: The presentation of evidence in court to a trier of facts who applies the applicable law to those facts and then decides the case

Tort: A private wrong or harm committed against another, resulting in legal liability. A tort is either intentional or accidental. Automobile liability insurance is purchased to protect one from suits arising from unintentional torts.

– V –

Venue: The specific county, city or geographical area in which a court has jurisdiction.

Verdict: Formal decision made by a judge or jury (trier of facts).

– W –

Willful act: An intentional act carried out without justifiable cause.

Witness: Person who testifies under oath before a court, regarding what he/she has seen, heard or otherwise observed.

Writ: A special, written court order directing a person to perform, or refrain from performing, a specific act.