ORLANDO — A family is suing USAA Casualty Insurance Co., an insurer, citing alleged bad faith.

Leslee and Michael Donilon filed a complaint on Oct. 20, in the Orange County Circuit Court against USAA Casualty Insurance Co. alleging that the insurer breached its duty of good faith and fair dealing.

According to the complaint, the plaintiffs allege that, on Nov. 24, 2015, Leslee and Michael Donilon were in a vehicle with their children, Abigail and Andrew, when tortfeasor, Sancia Brady, fell asleep while driving and struck plaintiffs' vehicle head on. As a direct result of Brady's negligence, the plaintiffs and their minor children suffered permanent bodily injuries, disability, disfigurement, scarring, mental anguish, medical expenses and loss of future earnings. However, plaintiffs' claim of uninsured/underinsured benefits from the defendant was met in bad faith, despite defendant's full knowledge of plaintiffs' policy insurance being in full effect at the time of the accident. 

The plaintiffs hold USAA Casualty Insurance Co. responsible because the defendant allegedly breached its duties of good faith by improper handling of the claims, refusal to settle claims and tender limits in a timely manner.

The plaintiffs request a trial by jury and seek judgment for damages, interest, costs, attorney's fees and other relief as may be just. They are represented by Simon L. Wiseman of The Wiseman Law Firm in Orlando.

Orange County Circuit Court Case number 6:16-cv-01824

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