Insurance company drops lawsuit against E. Texas widow
POSTED: Friday, July 4, 2014 - 6:38am
UPDATED: Friday, July 4, 2014 - 10:17am
Tyler (KETK) — ACE Insurance, the company suing an East Texas woman who recently lost her husband, bowed out of their lawsuit Thursday evening.
Crystal Davis' attorney, Frank Weedon of Mayfield Weedon L.L.P in Longview, informed Crystal around 5 p.m. that ACE Insurance filed a non suit, meaning the insurance company dropped the lawsuit against Davis and her two children regarding workers' compensation benefits.
Crystal's husband, Wayne Davis, died on September 4, 2012, while he was driving a company car from their home in Flint to a store in Coushatta, Louisiana. Wayne was killed on a Cherokee County road just outside of Jacksonville after a distracted driver hit him head-on.
The 28-year-old's job description required him to travel 80-90 percent of the time. Therefore, the Texas Division of Workers Compensation ruled his death occurred while he was on the job. ACE Insurance appealed the ruling and sued the mother of two and her children, requesting a stop of all benefits to the family.
The insurance company claimed Wayne was not working the day he died because he "deviated from his route" of travel and was not in the "course and scope" of his work. Because of current Texas law, Crystal and her family were at the mercy of the insurance company.
"She can no longer sue her insurance company for what's called insurance ‘bad faith.’ Because these rights have been eroded, it opens the door for insurance companies to make bigger and bigger grabs to erode the rights of injured workers," said Weedon.
Now Crystal and her family will be able to heal and move forward.
Crystal reached out to KETK via text to share the news:
"I am beyond thankful for The Texas Tribune and KETK for taking the time to share my story. All of the hard work and prayers have paid off. I know Wayne is looking down beaming because his dedication and work ethic paid off. His family has security. My heart breaks for anyone going through what my family has. The Workers' Comp system is flawed. As every day people we cannot compete with the financial pull of insurance companies. Something must change."
Her attorney, Frank Weedon, released the following statement:
"On behalf of Mayfield Weedon Lawfirm I would just like to congratulate Crystal Davis on her victory over ACE insurance company and we would like to thank Jay Root with the Texas Tribune and KETK News."