Anita Lackey v. Provident Life and Accident Insurance Co.
Published: Feb. 12, 2000 | Result Date: Jan. 10, 2000 | Filing Date: Jan. 1, 1900 |Case number: CV961109 Verdict – $0
Judge
Court
USDC Central
Attorneys
Plaintiff
Richard G. Flanagan
(Law Office of Richard G. Flanagan)
Defendant
Experts
Plaintiff
John S. Murphy
(technical)
Facts
Plaintiff, who was 49 at the time of trial, was insured under an individual disability policy issued by defendant. The policy provided a partial, or residual disability benefit of up to $1,200 per month, based upon the insured's loss of income due to injury or sickness. Plaintiff, who was a dental hygienist and who had worked part-time at home in her husband's business, fell from a stool while working as a dental hygienist in December 1991. She initially saw a chiropractor, but did not inform her employer of her injury until June 1992, when she filed a workers' compensation claim and was referred for medical treatment. In September 1994, she first notified defendant of her claim and later filed her claim forms in November 1994. She claimed that her December 1991 fall had resulted in an injury to her back which caused her to cut back on her work as a dental hygienist from three days per week to two days per week, resulting in a loss of income. She also claimed that her injury forced her to give up her part-time work in her husband's business, resulting in a further loss of income. She explained the delay in submitting her claim on the ground that she did not know her policy provided coverage for partial disability, and that she though her condition would improve and would not result in permanent disability.
Settlement Discussions
Prior to its Motion for Partial Summary Judgment in 1996, Defendant offered $100,000. Plaintiff's settlement demand was $750,000. In April 1999, after the Ninth Circuit reversed the trial court's granting of summary in favor of defendant, plaintiff's settlement demand was $1.5 million. At mandatory settlement conference in September 1999, plaintiff reduced her settlement demand from $1.5 million to $950,000. Defendant offered $75,000 in settlement. No settlement negotiations took place after the mandatory settlement conference or during trial.
Other Information
Defendant's motion in limine was granted, precluding the foreclosure of plaintiff's condominium from going to the jury as an item of economic damages.
Deliberation
six hours
Poll
8-0
Length
five days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390