Facts

On June 30, 2012, plaintiffs' decedent, Jane Doe, 49 years old, was struck while standing next to her parked car. Plaintiffs claim Roe Doctor, who was on his way to work, was inattentive and veered into decedent's parking space striking decedent. Decedent succumbed to her injuries on July 4, 2012.

Decedent was survived by her two adult children, ages 24 and 28 years old, and her elderly parents, ages 84 and 79.

PLAINTIFFS' CONTENTIONS:
At the time of the accident, Roe Doctor was driving his personal vehicle, which only had $100,000 in primary insurance coverage and an excess policy of $1,000,000. Plaintiffs contended Roe Doctor was acting in the course and scope of his employment for Roe Medical Clinic. Roe Doctor was a managing partner of the Medical Clinic who used his personal vehicle for the benefit of Roe Medical Clinic. As part of the partnership agreement, Roe Doctor was required to maintain a personal vehicle and, in exchange, received a vehicle stipend every month. As a result, plaintiffs contended Roe Medical Clinic's insurance of $ 2 million applied.

Roe Doctor initially claimed to the police officers that decedent walked into traffic and caused the accident. Roe Doctor, however, essentially admitted liability during his deposition when he was confronted with the accident scene photographs.

DEFENDANT'S CONTENTIONS:
Roe Medical Clinic contended Roe Doctor was solely responsible for plaintiffs' damages. Because Roe Doctor was on his way to work at the time of the accident, the accident fell within the coming and going exclusion of the course and scope doctrine.

Injuries

Decedent was taken to the hospital where she was diagnosed with a severe traumatic brain injury and died of her injuries.

Result

Roe Doctor's $1.1 million personal policies were tendered soon after Roe Doctor's deposition was completed. The additional $2 million in insurance proceeds by the medical group were tendered shortly after the deposition of Roe Medical Clinic's vice president.