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CONFIDENTIAL

Feb. 15, 2005

Insurance
Uninsured Motorist Claim
Denied Coverage

Confidential

Settlement –  $94,500

Judge

Raymond J. Giordano

Court

Sonoma Superior


Attorneys

Plaintiff

James M. Barrett


Defendant

Bruce D. Celebrezze
(Clyde & Co US LLP)

Matthew G. Adams


Facts

The plaintiff, an 11-year-old male, was walking in a marked crosswalk in Petaluma at about 8 a.m. on March 4, 2004, when he was struck by a car driven by an uninsured motorist. The plaintiff made a claim for the uninsured motorist policy limits of $100,000 under a policy carried by the live-in boyfriend of the plaintiff's mother. The insurance carrier, Unigard Insurance, denied coverage, claiming that the plaintiff was neither a "named insured" nor a "family member" of the named insured.

Settlement Discussions

The plaintiff demanded $100,000 policy limits, reduced to $94,500. Unigard offered $75,000 before accepting the reduced demand.

Damages

Denial of coverage.


#110369

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