The desire to save money and personally exposing their insured cost this insurance company $125,000; $100,000 more than the policy limits.

insurance company loses caseIn Missouri, insurance companies have the fiduciary duty toward their insured. This means many things, but most importantly that they put their insured’s financial interests above their own. To this point, an insurance company must protect its insured’s assets. It also must inform them of any a policy limits demand.

A few years ago, we had a client that was rear-ended and over time developed shoulder pain. He was eventually diagnosed with a rotator cuff tear, which required thousands of dollars worth of surgery and rehabilitation. The person who hit our client had a policy limit of $25,000—not nearly enough money to properly take care of our client’s injuries.

The injured person enlisted the The Pottenger Law Firm to help make him whole again and stop the mounding pile of bills from the accident.

Attorney Jason Pottenger made a demand on the insurance company for the $25,000 policy limits. The insurance company responded that the rotator cuff couldn’t have been caused by a rear end collision and only offered to pay $5,000. Instead of settling, Atty. Pottenger withdrew his policy limits demand and immediately filed suit.

Once their insured was served, the insurance company tendered the $25,000 policy limits. But knowing the law and what was right for his client, Attorney Pottenger declined the settlement amount.

By denying the demand and not offering to seriously negotiate, the insurance company had exposed their insured to personal liability and failed to inform him of the policy limits demand. Because the insurance company had acted in bad faith, The Pottenger Law Firm was able to negotiate a settlement of $125,000; $100,000 more than the policy limits. This amount adequately took care of the medical bills and made our client whole again.


At The Pottenger Law Firm LLC, our Kansas City personal injury lawyers are dedicated to fighting for the rights of accident victims. We understand the unique challenges faced by individuals who have suffered a serious injury because of someone else’s negligence. We know the costs—financial, physical, and emotional—that victims and their families are left facing.

You and your family should not be held responsible for the considerable expenses associated with medical care, lost wages, and more. Our compassionate and experienced Kansas City personal injury attorneys may be able to help you get the financial compensation you deserve. To discuss your case with us in more detail, contact us today for a free consultation by calling 816-531-6006.