$300,000.00 RECOVERY

ATV ACCIDENT / WRONGFUL DEATH

December 2006

Caption: Peck v. Shane Bakalar and American Family Insurance Company v. Peck

Court: Circuit Court of Platte County, Missouri and Circuit Court of Buchanan County, Missouri

Special Damages: $000.00 past medical expenses, and $00.00 funeral expenses

Injuries: head injury resulting in death

Plaintiff’s Attorney: Russell C. Purvis, The Montee Law Firm, P.C.,

After a favorable ruling from the Missouri Court of Appeals for the Western District, the Montee Law Firm, P.C., has recovered $300,000.00 plus interest on behalf of Mary Anne and Jerry Peck, from Shane Bakalar’s homeowner’s insurance carrier, American Family Insurance Company.

On ***, the Peck’s son, Devon, was riding as a passenger behind Mr. Bakalar on an ATV in rural Platte County, Missouri. Due to Mr. Bakalar’s negligent operation of the ATV, Mr. Peck was thrown from the vehicle. He struck his head and ultimately died as a result of his injuries.

Devon Peck’s parents filed suit in Platte County, Missouri against Mr. Bakalar alleging wrongful death. The Peck’s were awarded a $500,000.00 judgment against Mr. Bakalar. Mr. Bakalar’s homeowner’s insurance carrier then filed a Declaratory Action against the Peck’s in Buchanan County, Missouri, alleging that Mr. Bakalar’s homeowner’s policy did not provide coverage for the ATV accident.

The Buchanan County Circuit Court ruled for American Family Insurance and against the Pecks. The Pecks appealed. The Missouri Court of Appeals for the Western District reversed the Buchanan County Circuit Court and found that Mr. Bakalar’s policy did provide coverage for the ATV accident

As a result of the ruling by the court of appeals, Mr. Bakalar’s insurance carrier American Family Insurance Company agreed to pay its $300,000.00 policy limit plus interest.