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FLORIDA RECORD

Thursday, April 18, 2024

Guardian of man injured in motorcycle crash alleges bad faith dealings by Safeco

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JACKSONVILLE — The guardian of a man who was seriously hurt in a motorcycle accident is suing Safeco Insurance Company of Illinois, citing alleged bad faith.

Arlene Schretzmann Lavigne, as guardian of Kurt Schretzmann, and a/a/o Lucinda Rosana Pope, filed a complaint on Feb. 13 in the U.S. District Court for the Middle District of Florida against Safeco Insurance Company of Illinois alleging that the insurer breached its duty of good faith and fair dealing.

According to the complaint, the plaintiff alleges that, in March 2010, she suffered shock, mental and emotional distress as a result of defendant's bad conduct performing its duty as insurer to Pope, while attempting to negotiate a settlement and execute release with Schretzmann while he was still in a comatose state. His condition was a result of a motor accident caused by Pope between her vehicle and Schretzmann's motorcycle. The plaintiff holds Safeco responsible because the insurer allegedly failed to make settlement negotiations with Schretzmann's representative, failed to treat its insured and other individuals honestly and for their best interests and failed to expend a reasonable amount of money to establish guardianship for Schretzmann to resolve claims against Pope.

The plaintiff requests a trial by jury and seeks judgment against the defendant for all damages, costs of action, attorneys' fees and interest. She is represented by Ernest J. Myers and Lee W. Marcus of Marcus & Myers PA in Orlando.

U.S. District Court for the Middle District of Florida Case number 17-cv-00167

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