Tatlow, Gump, Faiella and Wheelan LLC of Moberly and Co-Counsel Branson L. Wood III, of Hannibal recovered $3,000,000 from Savers Property and Casualty Insurance Company after it wrongly denied the claims against its insureds. The bad faith claim against Savers Property and Casualty Insurance Company originated from an incident in the City of Perry, Ralls County, Missouri when Timothy Epperson was killed as a result of a municipal sewer line trench cave in on February 19, 2008. Timothy Epperson was survived by his wife, three minor children and his parents. The Epperson plaintiffs filed a wrongful death action against Donald Huff as the City Superintendent and Executive Officer of the City of Perry Missouri. Although Defendant Huff’s insurance company issued liability insurance coverage under a general liability insurance policy in the amount of $2,000,000 dollars, Savers Insurance failed and refused to defend Huff against the claim for wrongful death of Timothy Epperson.
On March 23, 2010 the Epperson plaintiffs obtained a judgment against Huff in the sum of $6,277,700.
Donald Huff joined the Epperson plaintiffs in asserting claims against the insurance company under several counts including equitable garnishment, breach of contract, vexatious refusal to pay, and bad faith. Summary Judgment was won by the plaintiffs at the trial court and the insurance company appealed. However, before the issue was decided by the Appellate Court, the party reached an agreement to settle all issues for one and a half times policy limits or the total of $3,000,000. Epperson-Bridgeman, et. al. v. Savers Property and Casualty Ins. Co., E.D. 96074.