 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Kentucky Farm Bureau Mutual Insurance Company v. Rodgers9/13/2002
TO BE PUBLISHED
OPINION AFFIRMING
Kentucky Farm Bureau Mutual Insurance Company (Farm Bureau) appeals from a judgment of the Lincoln Circuit Court based upon a jury verdict in favor of Tina Johnson. We affirm.
Tina Johnson injured her neck, shoulder, and thumb when her car was hit from the rear by a drunk driver. Johnson's vehicle was a total loss. The tortfeasor had a minimum liability policy with Omni Insurance; Johnson had a policy with Farm Bureau which included $50,000.00 in underinsured motorist benefits. She submitted an application (including a medical authorization form) for her no-fault coverage including personal injury protection (PIP) benefits at once, and Farm Bureau began paying Johnson's medical bills resulting from the accident. Johnson was advised by a physician's receptionist that she was also entitled to collect PIP wage loss benefits. She accordingly made inquiry of the company, and only then did Farm Bureau also begin to remit those payments.
Medical records were steadily forwarded to Farm Bureau by Johnson's medical care providers. These records tracked Johnson's extensive treatment, her several surgeries, her time off work from work for pain and/or recovery; the reports indicated as early as March 30, 1998, that she had sustained a permanent injury as a result of the motor vehicle collision. All of this information was submitted to Farm Bureau as a courtesy and not as a result of any effort undertaken by the insurer to investigate and evaluate Johnson's claim.
On March 31, 1998, Johnson became aware that an upcoming shoulder surgery would exhaust her PIP benefits. On April 6, 1998, Johnson's counsel put Farm Bureau on written notice of her underinsured motorist claim. Counsel recounted that Johnson had been severely injured and that her damages would "far exceed" the tortfeasor's $25,000.00 coverage limits. Additionally, counsel advised Farm Bureau as follows:
To date, [Johnson] has undergone a surgery to remove a bone from her thumb and a second surgical procedure to repair a torn rotator cuff shoulder injury . She has been undergoing manipulations by a chiropractor in Stanford without great success for back injuries.
In correspondence addressed to Gary Montgomery, Farm Bureau's claim adjuster, dated June 22, 1998, Johnson's counsel advised Farm Bureau that Omni Insurance had tendered its $25,000.00 liability limits. The letter formally demanded Johnson's underinsured coverage limits and served to confirm an earlier telephone conversation in which Johnson's counsel had demanded payment of the underinsured motorist coverage. On July 2, 1998, Farm Bureau set up a reserve account of $15,000.00.
Since Farm Bureau had made no attempt to settle Johnson's UIM claim, her counsel telephoned the company on August 3, 1998, to ask whether the company intended to pay those or any benefits under the policy. The telephone call was not answered by Gary Montgomery, the adjuster, but instead by Terry Lester, Farm Bureau's claim supervisor. Lester advised that he was taking over Johnson's file. Although he was unfamiliar with her file, Lester denied that her claim against the UIM coverage warranted any payment whatsoever. Before the telephone call ended, Johnson's counsel had threatened the company with litigation. Lester then relented somewhat and stated, " ell if it will help you any, I can probably get you $10,000."
In mid-September 1998, Johnson filed suit against Farm Bureau to recover her policy benefits. As the action proceeded through discovery and ultimately on to trial, Farm Bureau never increased its settlement offer. Farm Bureau called no witnesses at trial, and it sent no repr
Page 1 2 3 4 5 6 7 8 Kentucky Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|