Missouri Attorneys Prevail for Insured Driver and Son Following Collision

St. Louis Partner Kevin P. Clark and Attorney Connor M. Oehmke obtained dismissal at the Jasper County Courthouse in Illinois on behalf of our insurance company client’s insured driver.

In March 2021, Plaintiff was driving and was struck by a car owned by the insured but driven by her son. The plaintiff sustained serious injuries during the collision, including the loss of her leg. Prior to filing her Complaint, Plaintiff tendered a “Time Limited Settlement Offer” to our client that agreed to settle all claims against the insured and her son. Our client agreed to the demand, but inadvertently did not include the insured’s son’s name on the release. Instead, the release only named the insured. Despite the settlement negotiations, Plaintiff filed suit against the insured’s son because he was not specifically included on the release, and was seeking multiple millions in recovery.

Our St. Louis attorneys Kevin Clark and Connor Oehmke filed a motion for dismissal, arguing that Plaintiff’s claim against the insured’s son has been settled and released. Alternatively, the conduct between Plaintiff and our client constituted a settlement agreement, which should have been enforced at that time. Plaintiff argued that our client did not unequivocally accept her original demand and instead made a counteroffer to settle all claims against its actual insured, and not the insured’s son.

In September 2023, the Court agreed with our attorneys that there is no question that the intent of the parties during negotiations was to settle all claims, including those against the insured’s son. The Court reasoned that the insured’s son had been unequivocally referenced by both Plaintiff and our client during settlement negotiations, and dismissed Plaintiff’s claims.

Kevin concentrates his practice on defending automobile and trucking matters, as well as insurance coverage, toxic torts and asbestos claims. He also handles employment law and class action cases.

Connor focuses his practice on insurance defense litigation, general liability, insurance coverage and labor and employment law, including workers’ compensation claims.