LANCASTER — Executors of the estate of a deceased man are seeking approval of a proposed settlement.
Edwin Shank and Linda Gockley, as executors of the estate of Herbert A. Waltz Jr., deceased, recently filed a complaint in the Lancaster County Court of Common Pleas against Caleb Kover, alleging the defendant breached his duty to provide Underinsured Motorist benefits after causing a motor vehicle collision.
According to the complaint, Herbert A. Waltz Jr. has pending insurance claims made by him and his wife, Fay Waltz, as a result of multiple injuries sustained in a motor vehicle collision sustained on July 26, 2017.
However, during the pendency of those claims, Herbert A. Waltz died. His heirs now seek to collect settlement of the policy limits of $15,000 from defendant Kover's insurance company for "Underinsured Motorist" benefits and $97,500 from Penn National Insurance for the third-party insurance claim.
The plaintiffs holds Caleb Kover responsible because the defendant allegedly failed to provide settlement claims for “Underinsured Motorist” benefits after causing a vehicle accident involving the deceased plaintiff.
The plaintiffs request a trial by jury and request that plaintiff be permitted to enter into the settlements and the Court enter an order of distribution for the gross settlement amount. They are represented by John Malone of the Law Offices of John Malone PC in Philadelphia.
Under the settlement, Malone would make one-third - $36,390.99