In the case presented, Donna Driver admitted liability in a car accident with Vic Victim. Her liability coverage through Gekko is $100,000. Vic’s medical bills alone are close to $100,000 and he may be granted more than that because of missed work and pain and suffering.
Donna requested her insurance company to settle the case with Vic’s offer of $100,000. Gekko declines and at trial Vic wins $200,000. Donna had to file bankruptcy because of this loss and is now suing Gekko for not negotiating in good faith.
You have asked me to research how the cases of Shaeffer, Whiting v. Grange Mutual Casualty Company, 1981 Ohio App. LEXIS 14351 (Ohio Ct. App. 1981) and Schneider v. Eady, 2008-Ohio-6747 (Ohio Ct. App. 2008) will affect our case with Donna Driver.
In Shaeffer, Whiting v. Grange Mutual Casualty Company, 1981 Ohio App. LEXIS 14351 (Ohio Ct. App. 1981) the Ohio Court of Appeals ruled that liability insurance companies owe no duty to injured third-party claimants. The court stated that the plaintiffs had no relationship with the insurance company that required the company a duty of good faith to settle the claim without litigation. The only contractual duty the insurance company had with the plaintiffs “was to pay medical payment expenses pursuant to the terms of their insurance contract.” Id. Because the insurance company paid the limit of the insured medical liability, they lived up to their contract and had no other contractual duties owed the plaintiffs.
The court held that the insurance company only owes a duty of good faith and fair dealing to their insured and only to the terms within their policy contract. Since Grange paid the medical expenses pursuant to the policy, their remaining duty was to their insured, “which was to defend in good faith and to pay any judgment assessed against its insured which was covered under the terms of the policy.” Id. The