Lyndon Vix and Brian Collignon Obtain
Summary Judgment in Bad Faith Claim

The firm recently obtained summary judgment on behalf of a major insurance company in a bad faith action in which the plaintiffs claimed damages in excess of $1.4 million.

The case was filed in Sedgwick County District Court before being removed to United States District Court for the District of Kansas. The plaintiffs alleged that the insurance company had wrongfully failed to settle a motor vehicle negligence claim brought against one of its insured. The insured subsequently granted the injured party a $1.1 million consent judgment and the two then joined forces to pursue a bad faith claim against the insurance company.

The insurance company denied that it had acted in bad faith and argued that its actions had been necessary in order to protect the interests not only of its insured, but also the insured’s employer who was also implicated in the accident. Brian Collignon and Lyndon Vix of the firm filed a summary judgment motion asserting these defenses and seeking dismissal of the case.

On July 18, 2005, U.S. District Judge J. Thomas Marten granted the summary judgment motion, finding as a matter of law that the insurance company had acted in good faith toward its insured. The plaintiffs have elected to not file an appeal.