Grande Tire Service truck shown on top
of PlaintiffÕs car. |
A year before the accident, the defendant company had instructed
its insurance agent to obtain an umbrella liability policy to
cover this type of exposure, and was under the impression that
had been done; but the agent had failed to do so.
Faced with a grossly inadequate amount of coverage, Grande Tire
entered into an agreement with Andrea to sequence the order in
which the plaintiff will attempt to execute on the judgment. Plaintiff
will look first to the available insurance, second to the coming
negligence action against the defendant's insurance agent, and
third to the defendant's assets.
Our firm is now representing Grande Tire Company in its claim against
its insurance agent for the negligent failure to obtain the requested
umbrella coverage in an effort to collect the remainder of Ms. Buening's
judgment. |
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Continued from Page 2
By agreement of the parties, Andrea's case was tried
to the Court on the issues of liability and damages. Judge Timothy
J. Perigo of the Newton County Circuit Court returned a $5,000,000
judgment.
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Vic Bergman and Steve Six tried the case.
Although the defendant tire company operated numerous local and
over-the-road trucks, to its surprise and shock it only had a
$100,000 liability insurance policy covering the tire truck.
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Victor Bergman, a partner with our firm, was elected as a fellow
of the American College of Trial Lawyers during the annual meeting
of the college in London, England. The American College of Trial
Lawyers, which was created in 1950, is an exclusive professional
association of trial attorneys which limits its membership, by
invitation only, to one percent of the licensed practicing attorneys
in the United States. The American College was established to
recognize excellence among trial lawyers and to improve the standards
of trial practice, the administration of justice and the ethics
of the profession.
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Vic's accomplishment of being invited to membership in the American
College serves as recognition by his peers of his ability as a
trial lawyer. Vic is also just completing his term as President
of the Earl E. O'Connor American Inn of Court, an organization
of judges and attorneys also dedicated to improvement of the professionalism,
standards and ethics of the trial Bench and Bar, and to the promotion
of understanding between attorneys and judges.
Our firm is proud of Vic for this and his many other exceptional
accomplishments.
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Victor A. Bergman
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