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CONFIDENTIAL

Oct. 22, 1994

Breach of Contract
Insurance Coverage
Uninsured Motorist

Confidential

Settlement –  $100,000

Court

L.A. Superior Norwalk


Attorneys

Plaintiff

Kevin T. Barnes
(Law Offices of Kevin T. Barnes)


Facts

In the underlying incident on September 20, 1993, claimant driver, a 21-year-old secretary, was driving her father's automobile, accompanied with two claimant passengers, 23 and 1.5 years of age at the time. The three were traveling southbound on Norwalk Boulevard at approximately 30 mph. As the claimant driver approached the intersection of Norwalk Boulevard and Loch Avon Drive, an adverse and uninsured party, was traveling eastbound on Loch Avon Drive. The adverse driver failed to stop at the posted stop sign and entered the intersection while attempting to turn left onto northbound Norwalk Boulevard. The claimant driver attempted to swerve, but was unable to do so; and the vehicles then collided. The vehicle claimant driver submitted a claim on behalf of the claimants (driver and both passengers) for uninsured motorist coverage. Defendant insurance carrier denied coverage on the grounds that the claimant driver's father purportedly signed a waiver as to uninsured motorist coverage.

Settlement Discussions

Offers and demands were not disclosed.

Specials in Evidence

$3,500 (driver) $4,000 (adult passenger) $800 (minor passenger) -- all from the underlying incident $2,000 (driver) -- underlying incident

Injuries

(Underlying) All three passengers sustained soft tissue neck and back requiring physical therapy.


#78237

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