Fury Bailey - Personal Injury - Wrongful Death Attorneys

ELAINE AND JACK MAHLER RECEIVE SPECIAL WSTLA CLIENT RECOGNITION AWARD

By William S. Bailey

Fury Bailey

710 – 10 th Avenue East

Seattle , WA 98102

(206) 726-6600

billb@furybailey.com

The insurance industry has perpetuated a myth that injured people who bring claims do so eagerly with motives of financial leverage. Nothing could be further from the truth. The typical plaintiff comes forward most reluctantly, in pain, driven by fear over who will pay for their medical bills and lost wages, as well as concern about what their future holds. Beyond this, there is an almost total invasion of privacy by insurance companies and their attorneys in the claims process, getting near complete access to a plaintiff's confidential medical records.

Elaine Mahler was a most reluctant plaintiff who had never brought a claim of any kind prior to the forceful side impact collision of January 4, 1993 , which left her with persistent headaches, neck, back and hip pain. Similarly, her husband Jack had never brought a claim either. The Mahlers had their automobile insurance with State Farm for nearly 20 years and always thought in the back of their mind that if they ever needed the help of their company, State Farm could be counted on to be a “Good neighbor.”

In fact, State Farm moved very aggressively to cut off all PIP medical benefits for Elaine Mahler (sending her to the “usual suspect,” Dr. Charles Brooks, who declared her need for treatment at an end despite her continued pain), along with antagonistic calls from its adjusters and ominously worded form letters sent to their home. To make matters worse, Elaine Mahler's health maintenance organization refused to authorize medical care because it was “covered by other insurance” (purportedly her State Farm PIP). Hence, she was caught in an insurance crossfire and ended up paying for her treatment herself.

When her third-party lawsuit was finally settled almost 2 1/2 years after the accident, Elaine and Jack Mahler wanted nothing more than to get on with the quiet enjoyment of their lives. The prospect of closure was a great comfort.

However, in keeping with its business practices at the time, State Farm refused to honor the explicit language in the insurance contract promising to pay its fair share of legal expenses in recovering PIP from the third party carrier. Once this scenario became apparent, their attorney explained to them that this was an abuse of power by State Farm which had been repeated over and over again. State Farm had gotten away with it, cynically counting on capitulation because the amount involved ”just wasn't worth it.”

However, when the principles of justice and fair play involved were explained to the Mahlers along with the recommendation that this was important to the average citizen to pursue, they weighed this information heavily. As much as they wanted to see this case over, they were supportive of the goal to correct this abuse of power and vindicate the rights of all citizens. This is reflective of the kind of people Elaine and Jack Mahler are: public-spirited and motivated by a genuine desire to help others. This is demonstrated in a number of different ways. Elaine Mahler has worked in the laboratory at the University of Washington Hospital for many years, helping to save lives and protect health by the application of her training in the biological sciences. Beyond this she has an uncommon appreciation of the human spirit and physical beauty, in that she is a talented painter whose work has been shown in a number of galleries locally. Her husband Jack is a social worker who has helped to run the Court Appointed Special Advocate Program (CASA) in the King County Superior Court for years. He is dedicated to protecting the well-being of children in our society.

So, understanding the importance of taking a stand here, the Mahlers agreed to proceed against State Farm in a case that would ultimately end up before the Washington Supreme Court. They did so selflessly and altruistically, despite their prevalent fears that State Farm would do something to get back at them and the generalized background worry that anyone feels with litigation pending.

Lawyers can only act through their clients. Elaine and Jack Mahler deserve our thanks for having the courage and the commitment to stand up and be counted when a big corporation decided to use its size and power repeatedly to break promises to its customers and got away with it. And because of their dedication and perseverance, the rights of tens of thousands of Washington citizens have been vindicated. On behalf our clients and all of the people who live in the state of Washington , we thank the Mahlers for caring enough to fight this battle. It has indeed made a difference.

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