A young child was tragically killed when she was a passenger in a car which lost control and crashed. The car’s owner was not driving or in the car.
The car owner’s insurance company offered the deceased child’s family the $250,000.00 limits of the automobile insurance policy on the car but refused to offer any of the $2 million personal excess insurance policy which the car’s owner also had. The insurance company relied on language in the car owner’s personal insurance policy to argue that the policy did not apply because the owner was not in or driving the car at the time of the crash.
The Brown & Crouppen legal team, led by Alan Pirtle, refused to accept the insurance company’s position and filed a lawsuit on behalf of the deceased child’s family. The lawsuit was hard-fought, including filing and arguing motions in court and taking numerous depositions of parties and witnesses.
Shortly before trial, the car owner’s insurance company gave up and offered both its $250,000.00 automobile insurance policy limits and its $2 million personal excess insurance policy limits. Then a second insurance company offered its $25,000.00 insurance policy limits.