The original suit seeks to have a ruling in the dispute between the two parties over how much the Whitaker family is owed.
One of the estate's assertions is that the policy violates the Kentucky Unfair Claims Settlement Practices Act because the policy for the six-seater plane states that the "Single Limit Bodily Injury/Property Damage" limit for each person is
If the plane had been at capacity, according to Whitaker's claim, the highest amount that could have been paid out was
"[T]herefore, the per-person coverage could never reach the per-occurrence limit solely by providing coverage of
In USSIC's answer to the counterclaim, denies that it violated
USSIC states that the policy's wording shows that the line item for "each person" says it is a
USSIC also denies that Whitaker's insurance claim should be awarded because it should be "barred as a result of the good faith and reasonable conduct of USSIC and its adjusters, agents and/or other employees in handling the Defendants' claims, and because of the lack of fraud, malice, or outrageous or wrongful conduct by USSIC."
The suit stems from an airplane crash in which Foster, Whitaker,
The crash occurred on
(c)2018 the Commonwealth Journal (Somerset, Ky.)
Visit the Commonwealth Journal (Somerset, Ky.) at somerset-kentucky.com
Distributed by Tribune Content Agency, LLC.