Sanctioning Insurance Carriers for Bad-faith Litigation Practices: a Proposal to Change the “Named Party” Rule

It was three days before Christmas in 1996. Earnest and Eleanor Brown, a retired couple from Shinnston, West Virginia, were driving on the freeway. The retired couple had twenty-two children, seventeen of whom were adopted, many of them with special needs. As they were driving home, a drunken man in a Mustang swerved into their lane and collided with their car. As a result of the accident, Mr. Brown suffered a concussion and Mrs. Brown seriously fractured her ankle, leaving doctors with doubt as to whether she would ever be able to walk again. Eleanor Brown’s ankle was eventually held together with “a plate, two screws and three wires.”

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