Leslie Snow v. Interinsurance Exchange
Published: Jan. 31, 1998 | Result Date: Oct. 15, 1997 | Filing Date: Jan. 1, 1900 |Case number: N73317 – $0
Arbitrator
Court
San Diego Superior Vista
Attorneys
Claimant
Respondent
Rayna A. Stephan
(Office of the San Diego City Attorney)
Facts
On Dec. 14, 1994, claimant, Leslie Snow, a 32-year-old elementary school teacher, was struck in the rear driver's side of her Nissan 240SX by an uninsured motorist, who was driving a borrowed 1983 Buick. Claimant alleged the 20-year-old uninsured motorist drove through an uncontrolled intersection at a high rate of speed without yielding. Claimant alleged the motorist had no driver's license and admitted to investigating officers that he "took and failed his driver's test the day before the accident." The uninsured motorist was cited for violations of Vehicle Code ºº21800(a) (failure to yield right of way at an uncontrolled intersection), 12500 (no valid driver's license), and 16025 (no insurance). The claimant brought this uninsured motorist claim against her insurer, Interinsurance Exchange, on negligence and negligence per se theories of recovery.
Settlement Discussions
The claimant demanded $30,000 (policy limits). Respondent offered $15,184 in December 1996, raised to $20,184 following arbitration.
Specials in Evidence
$14,016.38 $5,833.77 $600
Injuries
Plaintiff claimed to suffer post-concussion syndrome and thoracic/cervical sprain.
Result
Claimant reported that the arbitrator found the uninsured motorist and the owner of the Buick were uninsured per claimant's submitted proof of SR-17 forms. Complete liability was attributed to the uninsured motorist. Following the award, claimant reported respondent tendered only $27,264.62, subtracting $555.23 which it claimed it previously paid to a healthcare provider on claimant's behalf, although no mention or evidence of the purported payment was presented in respondent's arbitration brief or during the arbitration. Claimant thereafter demanded full payment, which respondent allegedly refused to pay. Claimant filed a petition to confirm the arbitration award. Respondent paid the remaining balance.
Other Information
The award was reached approximately 10 months after the case was filed. The arbitration was held in October 1997, before Attorney Michael Goldstein of the Law Offices of Michael Goldstein resulting in the reported award.
Length
three hours (arbitration)
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390