 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Badillo v. Mid Century Insurance Co.6/21/2005
d his statement was requested prior to the time suit was filed against him by Young, on Smith's behalf. Wallis, although testifying he did not believe insured had been drinking at the time of the accident, basically testified his refusal to produce insured for a statement was an attempt to protect insured from potential criminal exposure or punitive damage exposure and, in effect, he was trying to protect insured from having to give a statement to opposing attorneys. Of course, just as the letter from Burton had previously indicated, once suit was filed insured was subject to being deposed as a party litigant to the lawsuit. If that course was followed, however, additional expenses associated with filing suit and the deposition would have potentially reduced the amount available to Smith as recompense for her injuries.
Prior to the sending of the March 16th letter, Wallis knew Smith had been seriously injured; that she had already incurred over $100,000.00 in medical bills; and he had formed the opinion that insured's liability was clear (although there might be some percentage of negligence on Smith's part). In fact, Wallis appears to have formed this opinion as early as February 8, 2000. Further, our review of the evidence convinces us a reasonable finding would be warranted that Burton and Forbes were amenable to recommending settlement of the matter for the $10,000.00 policy limits, if convinced no other insurance or tortfeasor (other than the MCIC policy or insured) was available. Though Wallis basically testified he thought the case would still settle for the policy limits at the time he prepared and sent the March 16th letter, the trial record contains evidence supportive of a reasonable finding Wallis knew or should have known suit would be filed against insured if something was not worked out concerning insured's statement. Additionally, the trial record contains evidence supportive of a reasonable finding Wallis knew or should have known that if suit was filed and not settled, a high probability existed a large excess verdict/judgment would be entered against insured in any trial, i.e., one far in excess of the policy limits.
After receiving the March 16th statement-refusal letter, Forbes/Burton referred the Smith case to Mr. Berry for litigation. Berry tried to persuade Wallis, via telephone call of April 17, 2000, to produce insured for a statement, but was unable to do so and a negligence action against insured was filed later that same day. Though during the call Wallis said something along the lines he would check around and get back to Berry concerning the statement request, Berry testified, in effect, it was his view of the conversation it was fairly clear Wallis had no intention of producing insured without a lawsuit being filed. Evidence submitted at trial indicated Berry told Wallis in the call if insured was not produced for a statement prior to a lawsuit being filed that Berry, in effect, would not settle or recommend settlement for the $10,000.00 policy limit, i.e., the matter would be fully pursued for as large a judgment as possible against insured. However, as with Burton and Forbes, a review of the evidence supports a reasonable finding that Berry was amenable to recommending settlement of the matter for the $10,000.00 policy limits if convinced no other insurance or tortfeasor (other than the MCIC policy or insured) was available, until he became convinced through the April 17th telephone call with Wallis that no opportunity for insured's statement would be afforded without a lawsuit being filed against insured.
Only after the Wallis/Berry call did Wallis, on April 17th, seek legal guidance from counsel concerning the statement issue. He testified he ca
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.
|
|