The Commercial Appeal

Claim in plane crash is denied

Insurance broker won’t pay workers’ comp

- Desiree Stennett Memphis Commercial Appeal USA TODAY NETWORK - TENNESSEE

Memphis insurance broker Lipscomb & Pitts has denied responsibi­lity for paying a workers’ compensati­on death claim in a response to a lawsuit was filed last month.

Zurich American Insurance Company filed the lawsuit against Lipscomb & Pitts and Sunshine Enterprise on March 13. In it, Zurich said it too should not be responsibl­e for paying the claim following a plane crash that killed Sunshine Enterprise CEO Wei Chen and three other company executives.

Zurich’s lawsuit asked a judge if the claim should be voided or if Lipscomb & Pitts, which connected Sunshine to Zurich, should be held responsibl­e.

The lawsuit hinges on a question in the insurance applicatio­n that asked: “Does applicant own, operate or lease aircraft/watercraft?” Although Chen is a pilot and owns a plane, Sunshine Enterprise answered “no,” Zurich’s complaint said.

Zurich says answering no was a false claim that made it impossible for Zurich to accurately assess the risk of providing insurance. It said Lipscomb & Pitts also held some responsibi­lity for brokering the deal that included false informatio­n.

In the response filed Monday, Lipscomb & Pitts said it was never hired to broker pilot insurance or aircraft insurance and that Zurich was attempting to pass the buck for its own errors to avoid paying the claim.

“Lipscomb correctly handled all aspects of the workers’ compensati­on coverage applicatio­n process,” the response said. “In like manner, Zurich correctly handled that work for the year 2015. However, Zurich’s underwrite­rs made errors in connection with the underwriti­ng for the renewals of Sunshine Corporatio­n’s workers’ compensati­on coverage.

“Zurich is now trying to blame Lipscomb for Zurich’s error, and use them as a reason not to pay a claim related to Sunshine Corporatio­n. Lipscomb is in no way at fault for any such errors and as a result, it expressly denies any liability in connection with the claims brought herein by Zurich.”

In a countercla­im, Lipscomb & Pitts went on to say Sunshine Enterprise did not submit false informatio­n at all. It said the plane was owned by Chen Aircrafts, LLC, a company separate from Sunshine Enterprise.

It said Sunshine Enterprise correctly answered the question at the center of the lawsuit when it said it did not own, operate or lease an aircraft.

Lipscomb & Pitts asked a judge to rule in its favor and also asked that Zurich be responsibl­e for any legal fees incurred while defending itself against the lawsuit.

Attorneys for Sunshine Enterprise have not filed a response to the lawsuit, court records show. When the lawsuit was filed, Mike Mcannally, who was not on the plane when it crashed in December and has taken on the role of CEO, declined to comment on a pending lawsuit.

Desiree Stennett covers economic developmen­t and business at The Commercial Appeal. She can be reached at desiree.stennett@commercial­appeal. com or 901-529-2738.

 ?? SUNSHINE ENTERPRISE INC. ?? From left are Mike Mcannally, Danielle Mitchell, Wei Chen, Bruce Pelynio and John Chen. All except Mcannally were killed in a plane crash Dec. 20 in Georgia.
SUNSHINE ENTERPRISE INC. From left are Mike Mcannally, Danielle Mitchell, Wei Chen, Bruce Pelynio and John Chen. All except Mcannally were killed in a plane crash Dec. 20 in Georgia.
 ?? FILE ?? Wei Chen was Sunshine Enterprise CEO. He was killed in the plane crash.
FILE Wei Chen was Sunshine Enterprise CEO. He was killed in the plane crash.

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