Insurance company files complaint over plane crash buyout

May 27--The company which insured attorney Scott T. Foster's plane has filed a complaint in Federal Court against the estate of Quinton Douglas Whitaker and his widow Sara Whitaker over the Whitaker family's contesting a payout from the insurance company.

U.S. Specialty Insurance Company (USSIC) filed the complaint Friday in the Eastern District of Kentucky's U.S. Court.

The case stems from the airplane crash last year in which Foster, Whitaker, Kyle Stewart and Foster's son Noah Foster were killed.

The crash occurred on November 12 around 2 p.m. in a wooded area in Fountain Run, a community in Barren County. The four were returning to the Lake Cumberland Regional Airport after participating in a hunting trip in Tennessee. Scott Foster was the owner and pilot of the Piper PA-32-260.

Foster was a prominent attorney in Pulaski County. Whitaker had joined Foster's law practice just before the accident. He was also a former chaplain for the Somerset Police Department

According to the preliminary report from the National Transportation Safety Board (NTSB), the plane "was destroyed during an in-flight break-up and collision with trees and terrain following a loss of control while maneuvering."

The court documents state that USSIC's policy for Foster's aircraft will pay out a maximum of $100,000 for each person bodily injured while being a passenger in the plane.

USSIC contends that the estate of Whitaker is attempting to collect $100,000 each on behalf of multiple family members.

"Defendants [Whitaker's estate] made a demand upon Plaintiff [USSIC] of $100,000 for each of the Estate of Mr. Whitaker; his widow, Ms. Whitaker; and his three minor children," the documents state.

It continues: "USSIC previously tendered its policy limits of $100,000 to the Defendants for all claims emanating from Mr. Whitaker's death, which the Defendants rejected.

"... The Policy does not provide coverage limits of $100,000 for each of the estate of Mr. Whitaker; his widow, Ms. Whitaker; and his three minor children, or $500,000 total."

The complaint seeks for the court to declare the $100,000 liability amount to be the total possible claim amount emanating from Whitaker's death.

No hearing date for the matter has been set.

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