 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Badillo v. Mid Century Insurance Co.6/21/2005
was one of probable liability (even though Smith might have been in some percentage negligent) and that it was pretty much certain Smith's damages greatly exceeded the $10,000.00 policy limits.
After receiving the check and release, Burton and Forbes discussed the matter and decision was made that it would be a mistake to then recommend to Young that the release be signed, without conducting further investigation into whether there might be an employer or some other person or entity to pursue in the matter, in addition to insured. In an effort to pursue said investigation Burton, by letter dated March 3, 2000 to Wallis (and apparently telephonically), requested they be allowed to take insured's statement. The letter informed that insured had refused to speak to them by telephone; they would rather not force him to give a statement by filing suit against him and requiring a deposition when it was likely he would have little information of value; and they could not have the release signed without doing an investigation. The letter was received by insurers about March 6-7, 2000.
In effect, although there was no concrete thought or view by anyone involved (i.e., Wallis or Smith's lawyers) that insured had been drinking alcohol prior to the accident, Smith's attorneys had learned that one or more witnesses to the accident believed they observed insured squealing his tires while turning right after stopping at a red light immediately prior to striking Smith with his truck. Apparently, even though the police report did not so indicate, the lawyers were suspicious that insured might have been drinking and they wanted to make sure that no other person or entity existed that might have some liability to Smith (e.g., a tavern if insured had been drinking). They also wanted to make sure he was not on a work-related errand in order to rule out the availability of potential liability or insurance from that source, i.e., insured's employer.
The evidence also supports a reasonable finding the request for insured's statement, or something in lieu thereof from him, was a reasonable request. In order to guard against a potential attorney malpractice claim, Smith's attorneys were of the view they could not rely solely on assurances from Wallis to the effect insured was merely on a personal errand and no other insurance or potential tortfeasor existed. Their view was they had to conduct sufficient investigation into these matters, particularly in light of the catastrophic injuries to Smith and the minimal policy limits of insured. Although the attorneys wanted to make sure of these matters, i.e., that insured was merely on a personal errand, that there was no other insurance and no other person or entity that might potentially be legally liable or responsible for Smith's injuries, the facts seem to be that insured was not working at the time of the accident, he had not been drinking before it and he was merely on a personal/family-related errand after he had gotten off work for the day, to wit: to purchase milk or bread at a store. Thus, no other insurance or potentially liable party exists or existed other than the $10,000.00 liability policy and insured, respectively.
Wallis, after conferring with a supervisor, but without consulting insured as to the statement request, refused the request. A March 16, 2000 statement-refusal letter on Farmers Insurance Group of Companies' letterhead signed by Wallis as Senior Claims Representative, Farmers Insurance Company, Inc. was sent to Burton. The letter also stated that if Burton no longer wished to settle as agreed, she should return the settlement check to insurers. The evidence submitted to the jury indicates insurers never informed insure
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Oklahoma Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|