PRINTBonnie Heinecke v. American States Insurance Co. et al.
November 16, 2006 | 12:00 a.m. CST
The girth
An expanding manila file folder already measuring 4 inches thick contains the paper blizzard that this case has become. The lawsuit has generated 147 entries on the court’s docket since it was filed in April 2002, and there is still no end in sight.
Related ArticlesThe gist
The chain of events leading to this lawsuit began in February 1996, when Dustin Schmitz ran his car into the rear of Paul Heinecke’s truck, injuring Heinecke’s passenger Bonnie. It seems simple enough, but the passenger was Dustin Schmitz’s then wife and Paul Heinecke’s future wife.
Bonnie Heinecke is now suing American States Insurance Co. and its agents for money she alleges she is owed for medical expenses she incurred following the accident. Documents filed in the case reveal a complex tangle of relationships the court has yet to unwind, but more than half a million dollars hangs in the balance.
Court documents allege that Paul abruptly stopped his truck on Missouri Highway 15, causing Schmitz to crash into the back. The crash permanently injured Bonnie’s spine; the injury required surgery, ongoing medical treatment and pain medication. Ultimately, she underwent a major spinal procedure, as the documents show.
She sued both drivers for her injuries.
At this point, keeping track of the relationships requires a scorecard.
Bonnie divorced Dustin in 1997 and married Paul in July 1999.
In 2001, the Shelby County Circuit Court entered a judgment in favor of Bonnie in the amount of $500,000 against Paul. Although both Paul and Dustin were at fault, Dustin was uninsured, so no judgment was entered against him.
Chris Faiella, Bonnie Heinecke’s lawyer, says she received some money from uninsured motorist coverage.
The circuit court’s judgment said Paul “failed to keep a careful lookout and stopped his vehicle suddenly…and was thereby negligent” and contributed to Bonnie’s injuries. Paul consented to the judgment against him. But his insurance company refused to pay up because it claims the truck Paul owned was leased to his company, Heinecke Welding, and not covered by his personal policy. Because Paul couldn’t pay, he assigned his rights to any claims from the car accident against American States and its agents to Bonnie. She then filed suit against the insurance company and its agents, hoping to collect on the judgment she had received against her now husband.
The question the court must resolve is whether this accident was covered by Paul’s insurance. Paul insists, according to court documents, that the insurance company should pay Bonnie for her injuries because he gave his insurance agents the paperwork to insure the truck through Heinecke Welding.
The stakes
If the insurance company and agents lose, Bonnie could receive more than half a million dollars.
The defendant insurance company and its agents, Williams & Associates Insurance Agency and Jack Freiburg Insurance Agency, allege in court documents that “any judgment allegedly obtained in Shelby County was the product of fraud and collusion between plaintiff and Paul Heinecke,” and that Bonnie’s conduct “directly caused or directly contributed to her alleged loss.”
But Faiella says, “The relationships between Paul, Bonnie and Dustin are not relevant to the case. This case is about Paul Heinecke having paid all his premiums and the insurance company denying coverage when he was in an accident.”
Defense lawyers declined to comment on the pending litigation.
The status
Late into 2006, more legal filings continue to fatten the file. Bonnie’s petition has been amended three times, pretrial testimony is still being taken, and no settlement is in the offing.
“It is not uncommon for a suit like this to last four to seven years because of the complexity of gathering facts, information and documents,” Faiella says.
