$275,000
Insurance Bad Faith, Auto Accident, Wrongful Death
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Case Details
Plaintiff Winkler made an underinsured motorist claim against Columbia Mutual Insurance Company after her husband died in an accident with a driver who had only $25,000.00 in coverage. Columbia Mutual had issued a policy to a corporation for which her husband was a shareholder, officer and employee. The terms of the policy provided auto liability coverage for non-owned vehicles, but the UM and UIM coverage was issued on owned vehicles. The corporation did not own any vehicles, and Winkler’s husband was killed driving his own vehicle engaged in the corporation’s business.
Additional Notes
Case Number: CV397-62CC. Winkler claimed that while there was no coverage under the terms of the policy, the policy should be reformed or was ambiguous. The claim centered on whether or not the insurance company intended to cover owned or non-owned auto risks as well as the request for insurance by the insured. The suit was settled for $400,000 the day before trial. Winkler then sued the independent agent who sold the policy to the corporation for breach of fiduciary duty. She alleged that the agent placed the wrong policy and/or failed to understand the needs and requests for insurance made by the corporation. The claim was settled for $275,000.
Represented By
Gump, Faiella & Bugalski, LLC
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