Extracontractual Settlement against Insurance Company

Case Type
Injuries,
State
Amount$600,000.00

Attorney Blake Heath settled a case on behalf of the family of a young woman who passed away. The case arose from a car crash that took the life of the young woman and the at-fault driver.

Mr. Heath sent a statutory demand (known as a § 573.058 demand) giving the at-fault driver’s insurance company 90 days to settle the family’s wrongful death claim. Unfortunately, the insurance company chose not to do the right thing, and instead of paying, the insurance company denied the claim. It took the position that the insurance policy had been canceled 4 hours before the fatal crash due to nonpayment of premiums. The worst part, the at fault driver only had the minimum insurance of $25,000.00.

Mr. Heath filed suit against the Estate of the at fault driver. The insurance company doubled down on its denial and refused to defend the Estate. The insurance company also filed a declaratory judgment action asking the trial court to decide whether the policy was properly cancelled under Missouri law.

Mr. Heath and the attorneys representing the Estate took numerous depositions to investigate whether the insurance company followed the law in its cancellation and whether the insurance company was living up to what it agreed to when it accepted upfront premium payments.

Ultimately, Mr. Heath and his firm were able to obtain a settlement of $600,000.00, more than 24 times the underlying policy.

This case shows why it’s important to retain an attorney who is willing to hold insurance companies accountable.

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Past results afford no guarantee of future results and every case is different and must be judged on its own merits.

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