Colossus Program Discovery Allowed - Wilson v. 21st Century Ins. Co. (Jan 30, 2006) Cal.App. 2 Dist.,2006, --- Cal.Rptr.3d ----, 2006 WL 216682 (Cal.App. 2 Dist.) - Insurers have generally kept secret their collaborative and monopolistic claims practices using a computer program called Collossus. This program consistently undervalues smaller personal injury claims - allowing insurers to use their financial power to impose unfair settlements on such claimants. Generally impotent where insurance industry abuses are concerned - courts have often let the insurers get away with such secrecy. However, in one recent bad faith claim for breach of the duty of good faith and fair dealing against a UIM carrier, a California woman was found to be entitled to conduct discovery into her insurer's use (or non-use) of the Collossus claims evaluation program on her case. Hopefully, in time the Collossus program will be brought out of the shadows of dark smoke-filled rooms and made subject to the legal scrutiny that it deserves.
Game Truck Georgia was recently hit with a $4.7 million judgment for injuries arising out of a game of "bubble soccer". But this was after they had pleaded with their insurer to settle those same claims for a pretrial offer of $1 million - which was within their policy limits. Their insurer, Atlantic Specialty Insurance, declined those offers and forced the case to trial. Now the attorneys for Game Truck Georgia are chasing their own insurance company for its bad faith refusal to settle - a refusal which led to the insolvency and desctruction of their business.
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