Man Dies Due to Smoke Inhalation Resulting in Bad Faith Claim Against Insurer
While burning Christmas wrapping paper in his backyard, the decedent lost control of the fire and called for help. When firemen arrived 10 minutes later they found the entire backyard engulfed in flame. While spraying the flames, the decedent was found lying face up with a charred phone next to his ear. The coroner determined the cause of death to be smoke inhalation. The defendant insurance company refused to pay accidental death benefits claiming the death was caused by a pre-existing heart problem that was triggered by the vigorous activity of trying to extinguish the brush fire. Rosen Louik & Perry, P.C., lawyers obtained tapes of the 911 call and were able to establish that the client's decedent was snoring after he lost consciousness. This was inconsistent with an immediately fatal heart attack. Forensic pathologists were retained as experts who confirmed smoke inhalation as the cause of death. This case, including a bad faith cause of action, settled in excess of policy limits for $ 537,500.
Drunk Driver Mistakenly Hits Daughter
Our client in this case is woman who was sitting with her mother outside of their house when her father, a drunk driver, tried to run over her mother. In the process, he injured his daughter, our client. The insurance company denied coverage on the basis that it was an intentional act and there was no insurance coverage. The case was settled for policy limits of $300,000.