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Globe American Casualty Co.5/30/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING
George and Carolyn Bowman were seriously injured and their three children were killed in a head-on collision in Whitley County, Kentucky, on June 24, 1996. Their claims against the other driver and their claims for underinsured motorist (UIM) benefits against their insurer, Globe American Casualty Company, were eventually settled. After a jury trial, the circuit court awarded the Bowmans $349,935.02 on their claims against Globe for bad faith and unfair claims practices. This appeal by Globe followed.
At approximately 10:30 p.m. on June 24, 1996, the Bowman vehicle collided head-on with a vehicle driven by Randy Mills. George Bowman was driving the Bowman vehicle, and his passengers were his wife, Carolyn; his son, Daniel Bowman, age 17; his daughter, Courtney Bowman, age 13; and his daughter, Ashley Bowman, age 8. George and Carolyn were seriously injured, and the three children were killed. Mills survived.
The Kentucky State Police investigated the accident, and a three-part report by Trooper William Baker was completed in late October 1996 and was received by a Globe representative on November 1, 1996. The report indicated that the accident was Mills' fault. Criminal charges were not filed.
Globe insured both vehicles involved in the accident. Mills had liability coverage of $25,000 per person/$50,000 per accident. The Bowmans had policies from Globe covering two vehicles, both having $50,000 UIM coverage. The UIM coverages were stacked for a total of $100,000. Thus, there was $150,000 in total insurance proceeds from the Globe policies available to compensate the Bowmans.
Globe assigned separate claims representatives to handle the Mills policy and the Bowman policy. Karen Talmadge was assigned responsibility for the Mills policy, and Leighann Patterson was assigned responsibility for the Bowman policy. The two claims representatives reported to a single supervisor, Ken Leiner.
Globe hired Art Longnaker, an independent adjuster, to assist in processing the claims against the Mills policy. Talmadge, who handled the Mills policy, left Globe before Trooper Baker issued his final report. As a result of Talmadge's departure, Pattylyn Taueg was assigned responsibility for the Mills policy in late December 1996. Patterson, who had responsibility for the Bowman policy, hired Frank McElroy, an independent adjuster, to assist in handling the claims against the Bowman policy.
The Bowmans initially were not represented by an attorney. Instead, Mrs. Bowman dealt directly with Globe. She was assisted by her brother-in-law, Dr. Bruce Broudy, who sought the assistance of his neighbor, Guy Colson, an attorney. Dr. Broudy asked Colson for advice on how to help the Bowmans obtain the maximum amount of insurance proceeds available to them. Colson advised Mrs. Bowman that it was not likely she would need an attorney to recover the available insurance proceeds.
On July 9, 1996, Brad Freeman, an attorney retained by George Bowman to represent him due to Bowman's concern that criminal charges might be filed against him, sent a letter to Globe seeking a copy of the declaration sheet of the Mills policy. Globe never responded to the letter. On September 11, 1996, McElroy reported to Globe that Dr. Broudy was interested in resolving the claims on behalf of his sister-in-law and her family. Further, with Colson's assistance, Dr. Broudy drafted and sent a letter to McElroy on October 26, 1996, demanding payment of the limits of the Mills and Bowman policies. Although McElroy forwarded this letter to Globe with a report dated October 30, 1996, Globe never re
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