NOTE: TAB BARKS' FIRST NAME WAS SPELLED TWO DIFFERENT WAYS IN DOCUMENTS. I WENT WITH 1 B BASED ON SECONDARY SOURCE. - julie
ST. LOUIS – The U.S. District Court Eastern District of Missouri, Southeastern Division has dismissed a lawsuit stemming from a fatal automobile accident in Williamson County.
Insurance company Acuity sought "declaratory judgment regarding whether the insurance proceeds payable as the result of a vehicle accident are subject to stacking," the March 9 order states. Acuity stated that a controversy existed and because some parties were dismissed, "there is nothing further for the court to decide, and Acuity seeks the issuance of a final order."
In August 2016, Tab R. Barks was driving a 2007 International straight truck on Interstate 57 in Williamson County when he failed to reduce his rate of speed when traffic ahead of him slowed as it entered a construction zone. Barks then crashed into a Chevrolet Silverado driven by Robert Gean, 72, who had slowed down as he entered the construction zone, pushing Gean’s truck into a tractor-trailer that was in front of him, which was driven by Gaganjot S. Virk, 28, according to the Benton News. Gean’s wife, Jean, died as a result of injuries sustained in the crash. Robert Gean was airlifted to a nearby hospital.
Plaintiff Acuity, a mutual insurance company, insured Rex LLC at the time of the accident for $1 million. Acuity filed the complaint against defendants Rex LLC, Barks, Ronald Lee Gean, Estate of Jean Carol Gean, Swift Transportation Co. of Arizona LLC, Gaganjot Singh Virk, et al.
Robert Gean had sought proceeds from Acuity as part of his wrongful death lawsuit filed in January 2017 in the Circuit Court of Williamson County, Illinois.
According to Acuity's first amended complaint for declaratory relief, “Mr. Gean and the Estate of Gean, have asserted a claim that the coverage limit under the policy is not limited to $1 million as stated in the declaration page, but 'stacks' to provide a coverage limit commensurate with the number of scheduled units under the policy so as to provide $21 million in liability coverage.
"However, the policy contains an 'anti-stacking' provision which limits the amount of liability insurance to $1 million 'each accident' as shown in the declaration page in the policy."
In a Feb. 6, hearing, the court dismissed Gean and the estate from the lawsuit “for lack of personal jurisdiction,” the order states.
"Acuity seeks a declaratory judgment regarding whether the insurance proceeds payable as the result of a vehicle accident are subject to stacking,” the order states.
Acuity also wanted the court to declare that its “liability coverage limit under the policy relative to the Aug. 5, 2016, accident is $1 million, regardless of the number of covered autos, insureds, premiums paid, claims made or vehicles involved in the accident,” Acuity's first amended complaint for declaratory relief states.
The court ruled to dismiss the case without prejudice and that, “the Registry of the Court shall keep the $1 million policy proceeds pending Acuity’s appeal of the court’s decisions,” the order said.