$2 million settlement

Convenience store and paintball facility co-owners Russell Baker and Shirley Heathman obtained $1 million of liability insurance coverage for their partnership activities. In November 2010, a patron of Camo Valley Paintball injured his eye and filed a lawsuit against Baker and Heathman.

Despite insuring Baker and Heathman under the policy, their insurer denied coverage, claiming the policy covered only a convenience store. With their insurer having abandoned them, a large judgment was entered against Baker and Heathman in favor of the injured person.

Following the judgment, Baker and Heathman retained attorneys Kip Robertson and Jim Frickleton to pursue claims against their insurer for acting in bad faith. Robertson and Frickleton ultimately settled the case on Baker and Heathman’s behalf for $2 million, which was twice what the insurance company would have paid had it honored its insurance contract. As a result of this settlement, Baker and Heathman were able to satisfy their obligations to the injured party.