Bad faith is the unreasonable failure of an insurance company to honor the terms of an insurance policy and deal with a policyholder in good faith. Insurance companies who are found to have acted in bad faith can be liable for punitive damages in addition to contract damages. Some states have bad faith statutes called "Unfair Insurance Claims Practices Acts."
Allegedly Drugged and Sexually Assaulted Inmate Sues ACE Unit
Marcus Jude Comeaux first accused lawmen of Lafayette Parish, Louisiana, of false arrest in connection to his April 11, 2012, jailing on theft charges. He said a disgruntled landlord was behind his trumped-up incarceration.
Once in the Lafayette County Correctional Center, Comeaux said in his suit that jailer Willis Guidry Jr. “committed vile and despicable acts of sexual assault and battery upon Mr. Comeaux.” The federal lawsuit, which was filed against Guidry, landlord Corrine Caddy, the ACE insurance unit, Sheriff Michael W. Neustrom and Robert Reardon, director of corrections, said the situation turned from bad to worse as the jailer reportedly caused unsafe dosages of known and unknown medications to be administered to Comeaux. Those acts were supposedly carried out in an attempt to impair his memory of the assaults and “lower his inhibition to Guidry’s sexual advances.”
Comeaux contended that Guidry assaulted him on more than one occasion in a shower stall at the jail, and that at least one other jailer witnessed the man entering or leaving the stall.
Comeaux said that he reported the assaults to jail guards, but they refused to address them. He also filed written inmate grievances against Guidry, but said that before they could be processed the jailer left his job for unknown reasons. Afterwards, charges against Comeaux were dismissed.
ACE American was named a defendant by virtue of liability insurance policies it issued to the Sheriff and director of corrections for the parish.
In his suit, filed in U.S. District Court in Lafayette, Comeaux claimed violation of various constitutional rights and loss of physical liberty. He asked for unspecified damages for assault and battery and infliction of emotional distress.
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