USAA Property & Casualty Insurance v. Wilbur

Beasley, Judge.

Defendant USAA Property & Casualty Insurance Company, was granted interlocutory appeal from the trial court’s denial of its motion for summary judgment. Plaintiff Wilbur claims $50,000 of survivor’s no-fault benefits (PIP) following his wife’s death. He also alleges that USAA acted in bad faith in refusing the claim and seeks a 25 percent penalty, attorney fees, and punitive damages in the amount of $5,000,000. USAA denied the claim on the ground that the injury and death to plaintiff’s wife resulted from intentional criminal acts and not the operation, maintenance, or use of…