Confidential
Settlement – $185,000Court
Orange Superior
Attorneys
Plaintiff
Experts
Plaintiff
Nial R. Morgan
(medical)
Defendant
William P. Curran Jr.
(medical)
Facts
This case stemmed from a 2-vehicle rear end motor vehicle collision which occurred May 4, 1992, at approximately 8:50 p.m. Plaintiff, a 64-year-old retiree, was driving through his neighborhood, looking for his dog which had gotten out of his yard. He saw a pedestrian walking down the street and stopped in the roadway in order to inquire of the pedestrian whether or not he had seen the dog. While stopped, Plaintiff's vehicle was struck in a rear end collision by another under-insured motorist driving a small pick-up truck. Investigation by the local police department found the Plaintiff to be the primary collision factor by virtue of his violation of Vehicle Code Section 22400(a), impeding the flow of traffic. A claim was made against the adverse driver's insurance company with a policy of liability insurance policy limits of $15,000 per person and $30,000 per accident. The $15,000 was tendered. Plaintiff then pursued an under-insured motorist claim against his own carrier. This Defendant insurance carrier preliminarily took the position that the only under-insured motorist coverage in force and effect was on a primary automobile insurance policy that had UIM limits of $30,000 per person and $60,000 per accident. Plaintiff alleged that he was under the impression that his personal umbrella policy also provided under-insured motorist coverage and after investigation, Defendant elected to provide, retroactively, under-insured motorist coverage on the primary policy up to $100,000 per person and under the $1,000,000 umbrella policy. The agreement to retroactively provide under-insured motorist coverage was made in exchange for claimant's waiver of an agent's errors and omissions claim against the Defendant's agent.
Settlement Discussions
Plaintiff contends he offered $225,000 and Defendant made no offers.
Specials in Evidence
$38,278
Injuries
Exacerbation of prior L4-5 disc injury causing lumbar instability requiring surgical repair of a meningocele at L4-5 and fusion from L4 to S1 with Knodt bolts and posterior iliac crest grafting.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390