November 21, 2009
What's Inside:
Triumph seeks $1.25M from insurers over explosion
Photo by Eric Keith / St. Joseph News-Press / Purchase this photo
Triumph Foods is suing three insurance companies for failing to pay $1.25 million in damages following an October 2005 explosion during construction at the plant.
Triumph Foods is suing three insurance companies for refusing to cover $1.25 million in injury payments to victims of the 2005 gas explosion during the pork plant’s construction.
Triumph agreed to pay $1.25 million of the $12.25 million settlement, with 20 workers injured or killed during the accident. Of the three other companies involved, gas-line installer IHP Industrial paid $7 million; general contractor Epstein and Sons paid $2.5 million; and gas utility Missouri Gas Energy paid $1.5 million.
The lawsuit, filed in Buchanan County Circuit Court, claims that Hartford Casualty Insurance Company refused to pay Triumph’s portion of the settlement.
Triumph says it paid $500,000 of its own money to settle the case after Hartford refused to participate in settlement talks.
Hartford has said it only must pay after the St. Paul and Liberty Mutual policies are exhausted, according to the suit.
The suit also names Liberty Mutual Insurance Company as refusing to pay any amount. The suit says St. Paul Surplus Lines Insurance Company paid $750,000, but wouldn’t fully cover its policy and reimburse Triumph for the $500,000.
Triumph seeks damages and attorneys fees under a “vexatious refusal to pay” action, claiming the insurance companies “refused to pay a loss without reasonable cause or excuse.” Triumph alleges that the insurance companies breached their contracts and failed to make a good faith effort to settle.
The Oct. 12, 2005, explosion occurred when a gas valve was left uncapped and unscented gas flowed into the building. The gas exploded when a worker lit a torch, blowing down walls and bursting through the roof.
Andrew Bauer died at the scene. Mr. Bauer was a 24-year-old employee of D&D Masonry. His mother received a $2.25 million settlement.
The largest settlement, $3.5 million, went to Theo Jeurissen, a worker from the Netherlands who suffered a crushed pelvis from the explosion. Brad and Catherine Smith received $3 million, after Mr. Smith suffered a leg fracture. Terry Younger sustained a traumatic brain injury and received $2.5 million.
Sixteen other plaintiffs divided $1 million.
The total settlement was said to be the largest in Buchanan County. Triumph chief administrative officer Patt Lilly said the insurance lawsuit is part of Triumph’s ongoing litigation from the explosion.
Hartford was unable to provide comment.
Joe Blumberg can be reached at joeblumberg@npgco.com.
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Did I read this correct? A man lost his life for 2.5 million and a man with a leg fracture got 3 million? Does anybody else think this is a litle flawed? I am not against anyone receiving compensation for injuries they received, however I do not understand the determining factors of the amount of money to each.
A very young man lost his life! A woman lost her child! My sympathies go out to each and every one injured in this accident and their families, and I hope the injured are healing. God bless you all.
I thought the same thing. In fact, I couldn't believe that someone receiving a "leg fracture" deserved even a 6-figure settlement, compared to ANY of the other injuries that were listed. Something stinks in this one. While I'm no real fan of Triumph....this reeks of injustice.
I broke my ankle, some time ago, playing basketball outside using one of those portable basketball goals. I'm wondering if I could sue the company that makes that goal for...say....3 mil??!!
This explosion was the fault of Triumph foods for pushing all of the contractors to complete the job for they could open by the end of October that year. Their part of this settlement should have been alot more than what it was.This is a bad company it is worse than the company that sat there before which was Monfort. I speak because I worked for both companys and worked for Triumph during the explosion and saw all of these hurt people and how bad it was I did not sleep without having nightmares for over 2 weeks it was bad. They should not be awarded anything on this law suit.Andrew was a type of kid that would help you out anytime you needed it and it is a shame he has lost his life in this explosion as well as all of the people who were injured and emotionally injured as well. Triumph needs to pay and forget about collecting. This has been a bad company for the community in many ways from the start.
Don't get me wrong...I am NOT defending Triumph in any way. I AM saying that there's something terribly wrong when the guys with a crushed pelvis and a leg fracture get more than the family of the guy that died. I agree, Triumph should just pay the settlement themselves, without resorting to the insurance companies. I DO agree that the contractors were also liable, since it was them, and their workers, that left the gas line uncapped. The judgements against the various companies were fair...MORE than fair. The awards to the individuals were NOT.
Let's give credit, where credit is due. Triump is Mr. Pat Lilly's baby and gift to this community.
I have no specific knowledge of any of the injuries, but one difference between the death and the injuries is the medical costs, both present and future. The reality is that if someone is killed instantly there are not a great amount of medical bills. (I do not recall when this young man died if instantly or not.) Also, the death of the young man is probably reduced to the present value of his earning capacity. Honestly a 24 year old mason is not at the peak of his earning capacity.
As to Triumph pushing to get the job done. First, they are incurring interest. Second, that is the reality of any large construction project. I am constantly amazed at how long it takes to build a house in this town. Most of the trades are used to working a little each day at the site and not just getting the job done.
28er, you are pretty close in your analysis of these settlements.
I know it will sound cold and unfeeling, but a wrongful death case is almost always worth less than a personal injury case. The main reason is that the wrongful death plaintiff (in actuality the estate) is not entitled to any "general damages" i.e. "pain and suffering". The mother's settlement would be for the loss of the "care, comfort and companionship" of her son, any out-of-pocket expenses she had (e.g. funeral costs) as well as any financial support he may have provided to her.
The workers that were injured, but not killed, are entitled to their medical expenses (past and future) loss of earnings and loss of future earning capacity, as well as "pain and suffering".
I am somewhat surprised that the young man who sustained a "traumatic brain injury" received the least of the multi-million dollar settlements. Depending on the severity of the injury, the future medical, loss of earning capacity and future need for personal assistants, etc. would seem to warrant a larger settlement.