25 Apr 2017

KTK scores $3.3M settlement in insurance broker liability case

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KTK represented a small siding and window replacement business from the Wichita area. As a new business in 2009, our client contacted an insurance brokerage and requested it obtain appropriate coverage. As our client’s company continued to grow, it relied upon the insurance broker to make necessary adjustments and recommend additional lines of coverage as needed. Our client hired its first employee in 2010 and grew to a substantial payroll by 2012, but the insurance broker never recommended or procured worker’s compensation coverage.

In June of 2013, one of our client’s employees was permanently injured in a terrible car accident while driving to meet with a potential customer. His medical bills were extensive. It was only then that the lack of worker’s compensation coverage was discovered, leaving the State of Kansas to pay the employee’s medical expenses and disability benefits through the Kansas Workers’ Compensation Fund and exposing our client to potentially ruinous liability.

KTK filed suit against the insurance brokerage and the State of Kansas promptly joined.  After aggressively working the case up for trial, KTK engineered a $3.3 million settlement that provides an ample fund for the injured worker’s future medical care, eliminates our client’s potential liability to the State, and relieves the State from paying the worker’s future medical and disability benefits.