United Automobile Insurance Company says it was denied a fairtrial after a negative bad-faith verdict resulted in a $6.8 millionjudgment against the company.

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The case in question revolves around an auto accident in whichJudge Steven D. Levine and a passenger were killed by a driverinsured by United Auto. According to the company, it immediatelytendered the limits of its policy to the estates of Judge Levine(Levine Estate) and Lourdes Maldonado, and later exceeded itspolicy limits by paying more than what it was required to pay toprotect its insured, Jose Hernandez.

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According to United Auto, in February of 2002, it sent a checkin the amount of $10,000 accompanied by a release form to BobBrown, the Levine Estate's attorney. Three months later, theuncashed check was sent back without explanation. When contacted bythe insurer, the law firm representing the Levine Estate allegedlydeclared the payment insufficient and made vague threats implyinglitigation.

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Now United Auto claims that the resultant multi-million dollarjudgment (including prejudgment interest) from the lawsuit isunfair because the trial jury was not permitted to hear crucialevidence that would have shown the company made every effort tomeet all of its obligations. United Auto further asserted that theestate's bad-faith claim was based on an alleged assignment ofrights from Jose Hernandez, who was insured by United Auto at thetime of the accident. The Levine Estate never made any claim of itsown against the company, according to United Auto.

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In addition to the jury not hearing the evidence that thecompany says makes it clear that it made every effort to pay theestate, there were several other evidentiary and procedural issuesdetailed in the company's post-trial motions.

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"We were denied a fair trial," said Richard Parrillo, Sr.,chairman and CEO of United Automobile Insurance Company, in arelease. "Once the facts come out, it will become clear that aninvestigation of the proceedings should be initiated as soon aspossible." Parrillo went on to state, "I believe this was a badfaith claim set-up from the beginning. Unfortunately, it is abusivelawsuits like this that cost Floridians hundreds of millions ofdollars in increased insurance rates."

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