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Insurance
9 min read
Areas of Expertise :
Insurance, Bad Faith, Neurology, Brain Injury, Accident Reconstruction
Published Date:
Last Modified Date:
Jurisdiction:
Nevada State
Court:
In January 2025, a Nevada jury returned a $114 million total jury verdict for policyholder Timothy Todd Kuhn in his lawsuit against USAA Casualty Insurance Company, before the district court later reduced the punitive damages portion of the award. The case arose from a 2018 rear-end collision on Interstate 15 in Las Vegas, where Kuhn’s BMW was struck by a Ford F-150 driven by Hector Adrian Cervantes-Andrade. USAA initially treated the other driver as responsible for the crash, but later intervened in the litigation and disputed Kuhn’s position on both fault and damages. Kuhn alleged that USAA handled his underinsured motorist claim in bad faith by offering $10,000 to resolve the claim and later tendering the remaining available underinsured motorist benefits shortly before trial.
Kuhn’s attorneys argued that USAA worked against its own insured, delayed resolution of the claim, and increased the financial strain of the litigation. Public trial coverage reported the verdict as $14 million in compensatory damages and $100 million in punitive damages, for a total of $114 million. The $114 million figure refers to the total jury verdict as publicly reported, not a final post-trial judgment amount. Later appellate briefing described the award as $7 million in compensatory damages against USAA and $100 million in punitive damages, with the district court later reducing the punitive damages award to $63 million. Because appeals involving the verdict, fees, and costs remained active in 2026, the case is best described as a $114 million total jury verdict followed by a post-trial punitive damages reduction, rather than a final $114 million judgment.
Timothy Todd Kuhn was driving his BMW 5 Series on Interstate 15 in Las Vegas when his vehicle was rear-ended by a Ford F-150 pickup truck driven by Hector Adrian Cervantes-Andrade. Kuhn later claimed injuries to his head, neck, back, and other body parts. USAA Casualty Insurance Company, Kuhn’s auto insurer, initially treated Cervantes-Andrade as responsible for the crash.
Nearly two years after the collision, Kuhn filed a civil lawsuit against Hector Adrian Cervantes-Andrade. He sought compensation for medical costs, lost wages, and other claimed damages tied to the rear-end crash. At this stage, the lawsuit focused on the driver who struck Kuhn’s vehicle and the losses Kuhn claimed resulted from the accident.
USAA intervened in the lawsuit in February 2021 and disputed Kuhn’s position on fault and damages. Kuhn later added USAA as a defendant and asserted claims related to the insurer’s handling of his underinsured motorist claim. The intervention became a central point in the bad faith dispute because Kuhn argued that USAA was litigating against its own insured.
During the pre-trial period, Kuhn alleged that USAA delayed resolution of his underinsured motorist claim despite medical records and claimed damages tied to his reported brain injury symptoms. USAA offered $10,000 to resolve the claim, which Kuhn’s legal team argued did not reasonably account for his injuries, treatment history, and financial losses. Shortly before trial, USAA tendered the remaining available UIM benefits. Appellate briefing states that Kuhn had $300,000 in underinsured motorist coverage, reduced to $250,000 after the at-fault driver’s $50,000 payment.
The case proceeded to trial in Nevada’s Eighth Judicial District Court in January 2025. Public trial coverage listed proceedings from January 27 through January 31, while later appellate briefing described the trial as lasting seven days, including two days of jury selection and five days of testimony and argument. Kuhn’s attorneys argued that USAA undermined its own insured by assigning comparative fault and challenging the severity of his claimed injuries.
USAA defended its claim handling as part of its investigation and argued that Kuhn overstated his injuries and damages. Public trial coverage also listed neurology experts for both sides and an insurance expert during a defense witness session. Their testimony related to disputed issues involving Kuhn’s claimed injuries, USAA’s claim handling, and the value of the underinsured motorist claim.
After hearing the evidence and arguments, the jury returned a verdict in Kuhn’s favor. Public trial coverage reported the verdict as $14 million in compensatory damages and $100 million in punitive damages, for a total of $114 million. The $114 million figure refers to the total jury verdict as publicly reported, not a final post-trial judgment amount. Later appellate briefing stated that the jury awarded $7 million in compensatory damages against USAA and $100 million in punitive damages. The same briefing stated that the district court later reduced the punitive damages award from $100 million to $63 million, while appeals involving the verdict and related fees and costs remained active.
After the January 2025 verdict, multiple outlets reported on USAA’s claim-handling conduct, the bad faith finding, and the $114 million total jury verdict. USAA publicly disagreed with the verdict and stated that it was reviewing legal options. Later appellate briefing stated that the district court reduced the punitive damages award from $100 million to $63 million. By 2026, appeals involving the verdict and related fees and costs remained active, so the case should be described as a jury verdict followed by a post-trial punitive damages reduction and appellate proceedings, not as a final $114 million judgment.
Supreme Court of Nevada
Case Name:
USAA Casualty Insurance Co. v. Timothy Todd Kuhn
Automotive Insurance
Auto Liability Insurance
Uninsured Motorists
Insurance Claims
Claims Adjuster
Accident Investigation and Reconstruction
Traumatic Brain Injury (TBI)
Concussion
Damages Calculations
In January 2025, a Nevada jury returned a $114 million total jury verdict for policyholder Timothy Todd Kuhn in his lawsuit against USAA Casualty Insurance Company, before the district court later reduced the punitive damages portion of the award. The case arose from a 2018 rear-end collision on Interstate 15 in Las Vegas, where Kuhn’s BMW was struck by a Ford F-150 driven by Hector Adrian Cervantes-Andrade. USAA initially treated the other driver as responsible for the crash, but later intervened in the litigation and disputed Kuhn’s position on both fault and damages. Kuhn alleged that USAA handled his underinsured motorist claim in bad faith by offering $10,000 to resolve the claim and later tendering the remaining available underinsured motorist benefits shortly before trial.
Kuhn’s attorneys argued that USAA worked against its own insured, delayed resolution of the claim, and increased the financial strain of the litigation. Public trial coverage reported the verdict as $14 million in compensatory damages and $100 million in punitive damages, for a total of $114 million. The $114 million figure refers to the total jury verdict as publicly reported, not a final post-trial judgment amount. Later appellate briefing described the award as $7 million in compensatory damages against USAA and $100 million in punitive damages, with the district court later reducing the punitive damages award to $63 million. Because appeals involving the verdict, fees, and costs remained active in 2026, the case is best described as a $114 million total jury verdict followed by a post-trial punitive damages reduction, rather than a final $114 million judgment.
Timothy Todd Kuhn was driving his BMW 5 Series on Interstate 15 in Las Vegas when his vehicle was rear-ended by a Ford F-150 pickup truck driven by Hector Adrian Cervantes-Andrade. Kuhn later claimed injuries to his head, neck, back, and other body parts. USAA Casualty Insurance Company, Kuhn’s auto insurer, initially treated Cervantes-Andrade as responsible for the crash.
Nearly two years after the collision, Kuhn filed a civil lawsuit against Hector Adrian Cervantes-Andrade. He sought compensation for medical costs, lost wages, and other claimed damages tied to the rear-end crash. At this stage, the lawsuit focused on the driver who struck Kuhn’s vehicle and the losses Kuhn claimed resulted from the accident.
USAA intervened in the lawsuit in February 2021 and disputed Kuhn’s position on fault and damages. Kuhn later added USAA as a defendant and asserted claims related to the insurer’s handling of his underinsured motorist claim. The intervention became a central point in the bad faith dispute because Kuhn argued that USAA was litigating against its own insured.
During the pre-trial period, Kuhn alleged that USAA delayed resolution of his underinsured motorist claim despite medical records and claimed damages tied to his reported brain injury symptoms. USAA offered $10,000 to resolve the claim, which Kuhn’s legal team argued did not reasonably account for his injuries, treatment history, and financial losses. Shortly before trial, USAA tendered the remaining available UIM benefits. Appellate briefing states that Kuhn had $300,000 in underinsured motorist coverage, reduced to $250,000 after the at-fault driver’s $50,000 payment.
The case proceeded to trial in Nevada’s Eighth Judicial District Court in January 2025. Public trial coverage listed proceedings from January 27 through January 31, while later appellate briefing described the trial as lasting seven days, including two days of jury selection and five days of testimony and argument. Kuhn’s attorneys argued that USAA undermined its own insured by assigning comparative fault and challenging the severity of his claimed injuries.
USAA defended its claim handling as part of its investigation and argued that Kuhn overstated his injuries and damages. Public trial coverage also listed neurology experts for both sides and an insurance expert during a defense witness session. Their testimony related to disputed issues involving Kuhn’s claimed injuries, USAA’s claim handling, and the value of the underinsured motorist claim.
After hearing the evidence and arguments, the jury returned a verdict in Kuhn’s favor. Public trial coverage reported the verdict as $14 million in compensatory damages and $100 million in punitive damages, for a total of $114 million. The $114 million figure refers to the total jury verdict as publicly reported, not a final post-trial judgment amount. Later appellate briefing stated that the jury awarded $7 million in compensatory damages against USAA and $100 million in punitive damages. The same briefing stated that the district court later reduced the punitive damages award from $100 million to $63 million, while appeals involving the verdict and related fees and costs remained active.
After the January 2025 verdict, multiple outlets reported on USAA’s claim-handling conduct, the bad faith finding, and the $114 million total jury verdict. USAA publicly disagreed with the verdict and stated that it was reviewing legal options. Later appellate briefing stated that the district court reduced the punitive damages award from $100 million to $63 million. By 2026, appeals involving the verdict and related fees and costs remained active, so the case should be described as a jury verdict followed by a post-trial punitive damages reduction and appellate proceedings, not as a final $114 million judgment.
Neurology Expert Witnesses (Plaintiff and Defense)
Public trial coverage listed Dr. Hossein Ansari and Dr. Enrico Fazzini during plaintiff witness sessions and identified their field as neurology. Later appellate briefing described Dr. Ansari’s testimony as addressing traumatic brain injury, concussion, post-concussive symptoms, headaches, dizziness, difficulty concentrating, memory lapses, fatigue, and how some symptoms may be evaluated even when certain neurological testing appears normal.
Public trial coverage also listed Dr. David Ginsburg and Dr. Shanker Dixit during defense witness sessions and identified their field as neurology. Their testimony related to USAA’s challenge to Kuhn’s claimed neurological injuries, including injury severity, causation, and damages.
Insurance Expert Witness (Defense)
Public trial coverage listed Edward McKinnon as a defense-side insurance expert. In a bad faith dispute, insurance testimony can help the jury understand claim-handling standards, coverage evaluation, settlement timing, and how an insurer documents decisions on underinsured motorist benefits.
Accident Reconstruction Expert Witness
In rear-end collision and auto insurance disputes, accident reconstruction analysis can help explain how the crash occurred. This work may examine vehicle positioning, impact angles, speed estimates, braking evidence, roadway conditions, vehicle damage, and the sequence of events before impact. In a bad faith or underinsured motorist case, reconstruction evidence can help clarify whether the crash facts support a party’s fault position or comparative negligence argument.
Automotive Insurance Expert Witness
An auto insurance expert may address how the policy applies to the collision, the available underinsured motorist benefits, and any offsets or payments that reduce the remaining coverage. This role is narrower than a general insurance claim-handling expert because it focuses on policy structure, coverage limits, benefit calculations, and the relationship between the at-fault driver’s payment and the insured’s remaining UIM benefits. In disputes like Kuhn’s, coverage analysis can help explain how policy limits are calculated and how available benefits are determined.
Insurer Intervention Can Become a Core Issue in a Bad Faith Claim
USAA’s February 2021 intervention became a major event in Kuhn’s bad faith claim. Kuhn argued that USAA’s decision to intervene and dispute his position on fault and damages placed the insurer in conflict with its own insured. In underinsured motorist litigation, an insurer’s trial position should be backed by a clear claim record, especially when that position differs from an earlier fault assessment.
Low Settlement Offers and Delayed Tender Can Increase Bad Faith Exposure
USAA’s $10,000 settlement offer and later tender of the remaining available UIM benefits became part of Kuhn’s bad faith theory. Appellate briefing states that Kuhn had $300,000 in UIM coverage, with $250,000 remaining after the at-fault driver’s $50,000 payment. When policy-limit decisions are delayed until shortly before trial, the claim file, settlement history, and timing of payment may receive close review.
Injury Disputes Require Well-Supported Medical Evidence
USAA disputed the severity of Kuhn’s claimed injuries, including reported brain injury symptoms. Kuhn’s attorneys argued that the medical evidence supported his claim and that USAA minimized his condition. In auto insurance litigation involving neurological symptoms, medical reviews, expert opinions, and claim evaluations should align with the treatment record.
Changes in Fault Determination Need Clear Documentation
USAA initially treated Cervantes-Andrade as responsible for the crash, but later disputed Kuhn’s position on fault and damages. That change became part of the bad faith dispute. When an insurer changes its fault evaluation, the record should explain the factual basis for the revised position and show how the new assessment was reached.
Punitive Damages Can Remain a Major Post-Trial Issue
The jury’s punitive damages award became a central post-trial issue. Public trial coverage reported a $114 million total jury verdict, including $14 million in compensatory damages and $100 million in punitive damages. Later appellate briefing stated that the jury awarded $7 million in compensatory damages against USAA and $100 million in punitive damages, and that the district court reduced the punitive damages award to $63 million. Appeals involving the verdict and related fees and costs remained active in 2026.
The Timothy Todd Kuhn case began with a 2018 rear-end collision on Interstate 15 in Las Vegas and later became a bad faith dispute over USAA’s handling of an underinsured motorist claim. The litigation focused on USAA’s fault evaluation, settlement position, timing of UIM benefits, and intervention in litigation involving its own insured. After the January 2025 $114 million total jury verdict, the district court reduced the punitive damages award, while appeals involving the verdict, fees, and costs remained active in 2026. As a result, the matter is more accurately described as a jury verdict followed by a post-trial punitive damages reduction and appellate proceedings, rather than a final $114 million judgment.
How did the underinsured motorist claim become part of the dispute?
Kuhn pursued underinsured motorist benefits from USAA after the at-fault driver’s coverage did not resolve his claimed damages. Appellate briefing states that Kuhn had $300,000 in UIM coverage, with $250,000 remaining after the at-fault driver’s $50,000 payment. The dispute expanded after USAA intervened and challenged Kuhn’s position on fault and damages.
Why did the jury award punitive damages against USAA?
The jury found that USAA’s claim handling supported punitive damages. Kuhn argued that USAA changed its earlier fault position, delayed payment, and offered $10,000 despite medical records and claimed losses. Public trial coverage reported a $100 million punitive damages award, while later appellate briefing stated that the district court reduced the award to $63 million.
When did the accident occur?
The collision occurred in October 2018 on Interstate 15 in Las Vegas, Nevada. Kuhn’s BMW was rear-ended by a Ford F-150 driven by Hector Adrian Cervantes-Andrade. Kuhn later claimed injuries to his head, neck, back, and other body parts.
What was USAA’s initial settlement offer?
USAA offered Kuhn $10,000 to resolve the claim. Kuhn argued that the offer did not reasonably account for his medical evidence, claimed injuries, and financial losses. USAA later tendered the remaining available UIM benefits shortly before trial.
How did USAA respond after the verdict?
USAA disagreed with the January 2025 jury verdict and pursued post-trial and appellate relief. Later appellate briefing stated that the district court reduced the punitive damages award from $100 million to $63 million. Appeals involving the verdict and related fees and costs remained active in 2026.
Neurology Expert Witnesses (Plaintiff and Defense)
Public trial coverage listed Dr. Hossein Ansari and Dr. Enrico Fazzini during plaintiff witness sessions and identified their field as neurology. Later appellate briefing described Dr. Ansari’s testimony as addressing traumatic brain injury, concussion, post-concussive symptoms, headaches, dizziness, difficulty concentrating, memory lapses, fatigue, and how some symptoms may be evaluated even when certain neurological testing appears normal.
Public trial coverage also listed Dr. David Ginsburg and Dr. Shanker Dixit during defense witness sessions and identified their field as neurology. Their testimony related to USAA’s challenge to Kuhn’s claimed neurological injuries, including injury severity, causation, and damages.
Insurance Expert Witness (Defense)
Public trial coverage listed Edward McKinnon as a defense-side insurance expert. In a bad faith dispute, insurance testimony can help the jury understand claim-handling standards, coverage evaluation, settlement timing, and how an insurer documents decisions on underinsured motorist benefits.
Accident Reconstruction Expert Witness
In rear-end collision and auto insurance disputes, accident reconstruction analysis can help explain how the crash occurred. This work may examine vehicle positioning, impact angles, speed estimates, braking evidence, roadway conditions, vehicle damage, and the sequence of events before impact. In a bad faith or underinsured motorist case, reconstruction evidence can help clarify whether the crash facts support a party’s fault position or comparative negligence argument.
Automotive Insurance Expert Witness
An auto insurance expert may address how the policy applies to the collision, the available underinsured motorist benefits, and any offsets or payments that reduce the remaining coverage. This role is narrower than a general insurance claim-handling expert because it focuses on policy structure, coverage limits, benefit calculations, and the relationship between the at-fault driver’s payment and the insured’s remaining UIM benefits. In disputes like Kuhn’s, coverage analysis can help explain how policy limits are calculated and how available benefits are determined.
Insurer Intervention Can Become a Core Issue in a Bad Faith Claim
USAA’s February 2021 intervention became a major event in Kuhn’s bad faith claim. Kuhn argued that USAA’s decision to intervene and dispute his position on fault and damages placed the insurer in conflict with its own insured. In underinsured motorist litigation, an insurer’s trial position should be backed by a clear claim record, especially when that position differs from an earlier fault assessment.
Low Settlement Offers and Delayed Tender Can Increase Bad Faith Exposure
USAA’s $10,000 settlement offer and later tender of the remaining available UIM benefits became part of Kuhn’s bad faith theory. Appellate briefing states that Kuhn had $300,000 in UIM coverage, with $250,000 remaining after the at-fault driver’s $50,000 payment. When policy-limit decisions are delayed until shortly before trial, the claim file, settlement history, and timing of payment may receive close review.
Injury Disputes Require Well-Supported Medical Evidence
USAA disputed the severity of Kuhn’s claimed injuries, including reported brain injury symptoms. Kuhn’s attorneys argued that the medical evidence supported his claim and that USAA minimized his condition. In auto insurance litigation involving neurological symptoms, medical reviews, expert opinions, and claim evaluations should align with the treatment record.
Changes in Fault Determination Need Clear Documentation
USAA initially treated Cervantes-Andrade as responsible for the crash, but later disputed Kuhn’s position on fault and damages. That change became part of the bad faith dispute. When an insurer changes its fault evaluation, the record should explain the factual basis for the revised position and show how the new assessment was reached.
Punitive Damages Can Remain a Major Post-Trial Issue
The jury’s punitive damages award became a central post-trial issue. Public trial coverage reported a $114 million total jury verdict, including $14 million in compensatory damages and $100 million in punitive damages. Later appellate briefing stated that the jury awarded $7 million in compensatory damages against USAA and $100 million in punitive damages, and that the district court reduced the punitive damages award to $63 million. Appeals involving the verdict and related fees and costs remained active in 2026.
The Timothy Todd Kuhn case began with a 2018 rear-end collision on Interstate 15 in Las Vegas and later became a bad faith dispute over USAA’s handling of an underinsured motorist claim. The litigation focused on USAA’s fault evaluation, settlement position, timing of UIM benefits, and intervention in litigation involving its own insured. After the January 2025 $114 million total jury verdict, the district court reduced the punitive damages award, while appeals involving the verdict, fees, and costs remained active in 2026. As a result, the matter is more accurately described as a jury verdict followed by a post-trial punitive damages reduction and appellate proceedings, rather than a final $114 million judgment.
How did the underinsured motorist claim become part of the dispute?
Kuhn pursued underinsured motorist benefits from USAA after the at-fault driver’s coverage did not resolve his claimed damages. Appellate briefing states that Kuhn had $300,000 in UIM coverage, with $250,000 remaining after the at-fault driver’s $50,000 payment. The dispute expanded after USAA intervened and challenged Kuhn’s position on fault and damages.
Why did the jury award punitive damages against USAA?
The jury found that USAA’s claim handling supported punitive damages. Kuhn argued that USAA changed its earlier fault position, delayed payment, and offered $10,000 despite medical records and claimed losses. Public trial coverage reported a $100 million punitive damages award, while later appellate briefing stated that the district court reduced the award to $63 million.
When did the accident occur?
The collision occurred in October 2018 on Interstate 15 in Las Vegas, Nevada. Kuhn’s BMW was rear-ended by a Ford F-150 driven by Hector Adrian Cervantes-Andrade. Kuhn later claimed injuries to his head, neck, back, and other body parts.
What was USAA’s initial settlement offer?
USAA offered Kuhn $10,000 to resolve the claim. Kuhn argued that the offer did not reasonably account for his medical evidence, claimed injuries, and financial losses. USAA later tendered the remaining available UIM benefits shortly before trial.
How did USAA respond after the verdict?
USAA disagreed with the January 2025 jury verdict and pursued post-trial and appellate relief. Later appellate briefing stated that the district court reduced the punitive damages award from $100 million to $63 million. Appeals involving the verdict and related fees and costs remained active in 2026.
What was the damage posture in 2026?
By 2026, the case was no longer best described as a final $114 million judgment. Later appellate briefing stated that the district court reduced the punitive damages award to $63 million, while appeals involving the verdict, fees, and costs remained active.
Automotive Insurance
Auto Liability Insurance
Uninsured Motorists
Insurance Claims
Claims Adjuster
Accident Investigation and Reconstruction
Traumatic Brain Injury (TBI)
Concussion
Damages Calculations
Insurance
Actuarial, +4
Insurance
Insurance, +4
Insurance
What was the damage posture in 2026?
By 2026, the case was no longer best described as a final $114 million judgment. Later appellate briefing stated that the district court reduced the punitive damages award to $63 million, while appeals involving the verdict, fees, and costs remained active.