Policeman sues 2 firms
for denying injury claims
HILO >> A Hawaii County police officer who was hit by a car during a 1998 traffic stop has filed a lawsuit against two companies for denying his insurance claims.
The lawsuit alleges United States Fire Insurance Co. and State Farm Mutual Automobile Co. engaged in bad faith and deceptive trade practices in handling officer John P. Stewart's claims.
The companies failed to reasonably investigate Stewart's injuries and claims, used biased medical experts and attorneys, and stalled so Stewart would drop his claims, the lawsuit said.
Stewart was injured Aug. 28, 1998, when a car veered onto the shoulder of a road and struck his left knee while he was conducting a routine traffic stop. The knee required two surgeries, and he gained weight since he was not able to exercise, the lawsuit said.
When the officer returned to duty, he had to cut his special-duty workload in half. Special duty is extra work -- normally directing traffic at intersections or construction sites -- that officers can do during their off-duty hours to earn extra pay.
The lawsuit said Stewart can work special duty for only an hour before he suffers pain and swelling in his knee.
An economist hired by Stewart's attorney, Phillip Carey, estimated the loss of work will cost $78,804 over Stewart's career.
Stewart filed an underinsured motorist claim with United States Fire Insurance Co., which was insuring the Hawaii County Police Department at the time of his accident. He also submitted one to his wife's insurance company, State Farm, because he was covered on her underinsured motorist policy.
