Facts

Michael Mikael filed a lawsuit against his own insurance, California Automobile Insurance Co., seeking recovery under the underinsured motorist provision of his policy after he was involved in a traffic collision.

PLAINTIFF'S CONTENTIONS: Mikael contended that he sustained an injury when he was rear-ended by a vehicle and the driver's insurance's policy limits were tendered. However, he sought additional recovery from his own policy, California Automobile Insurance, under the underinsured provision. After getting defendant's insurance policy limits, plaintiff sought further recovery via the supplementary-underinsured motorist clause of his policy, which was administered by California Automobile, a subsidiary of Mercury Insurance Group.

DEFENDANT'S CONTENTIONS: Defendant denied the claims and the matter proceeded to arbitration.

Settlement Discussions

Before arbitration, Mikael demanded $299,999. Defendant offered $235,000.

Result

The arbitrator found that Mikael's damages amounted to $410,379, which included $86,379 in past medical cost, $31,000 in future medical cost, $18,000 in future lost earnings, and $250,000 in non-economic damages.