$13 million settlement

Bartimus Frickleton Robertson Rader was retained to represent a school bus driver whose insurance carriers wrongfully denied him coverage after an accident that resulted in the death of a 6-year-old boy. When the bus driver was charged with involuntary manslaughter for his negligence, his primary insurer and excess insurer hired a criminal lawyer to represent him in the criminal matter. That lawyer advised the bus driver to plead guilty. When the family of the boy refused to settle for less than the policy limit, the insurers decided to use the threat of a coverage denial to force the family to accept a much smaller settlement.  When the family stood its ground, the insurers actually denied coverage to the bus driver. Kip Robertson and Jim Frickleton represented the bus driver. They established that the policy did, in fact, provide coverage for the bus driver and that both insurers owed him a duty to act in good faith. After developing extensive evidence that both carriers had acted in bad faith, Kip and Jim secured a settlement in the amount of $13 million which the driver used to satisfy his obligations to the boy’s family.