Minnesota Association for Justice Stresses the Need for a Good Faith Law

Minnesota LawyerJuly 27, 2007

Charles Dack's story is just another example of why a good faith law is needed in Minnesota

The Minnesota Association for Justice is taking advantage of a recent jury verdict in Hennepin County to make its point regarding the need for a good faith law in Minnesota. A push for the law failed in the Legislature this year.

The plaintiff in the case, Charles Dack, lost two young sons in a car accident. When Progressive Insurance offered only $5,000 for each son, Dack took the case to a jury, which awarded him $1.57 million. Settlement negotiations were complicated by the fact that the boys' young parents had never married and each lived with one of their parents. According to the MAJ press release announcing the verdict, Progressive tried to capitalize on the situation by offering to settle for far less than what the family's policy was worth.

"While Dack did not have insurance, he lived with his father who did," said Minneapolis attorney Cory Whalen, who represented Dack. "Jacob and Jonathan lived with their father and grandfather every Friday through Sunday. Under state law, minors are allowed to have more than one residence. Because of this law, Dack was entitled to the $100,000 coverage that his father paid for. Progressive showed blatant disregard for the family and the law and offered $5,000 for the life of each child."