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Settlement – $250,000Facts
On June 5, 1994, the claimant, a 68-year-old retired woman, was operating her vehicle when it was broadsided by another vehicle traveling 25 mph. The adverse driver was insured with policy limits of $25,000. Within two months of the accident, the adverse driver's insurer paid its insureds the $25,000 policy limits. The claimant was insured with the respondent insurer with $500,000 in underinsured motorist policy limits. After settling with the adverse driver, the claimant filed this underinsured motorist claim with the respondent insurer. The respondent insurer contended that the claimant suffered only soft tissue injuries and that she was fully compensated through the $25,000 policy limit payment by the adverse driver. The respondent insurance company also contended that the claimant had a pre-existing condition of her left knee and , therefore, her knee injuries were not caused by the accident. It was also disputed that the claimant suffered a chronic degenerative condition of her lower back.
Settlement Discussions
The claimant made a settlement demand for $300,000. The respondent made a settlement offer of $200,000.
Specials in Evidence
$24,000 $40,000 (knee replacement and back surgery)
Injuries
The claimant alleged she suffered soft tissue injuries to the left side of her body as well as significant left knee and lower-back pain.
Other Information
ARBITRATION: An arbitration was held on Oct. 10, 1996 before Judge R. William Schoettler, Jr., retired, of JAMS/Endispute. Before the arbitration award was rendered, the parties settled for $250,000, in addition to the $25,000 policy limit payment made by the underinsured motorist driver.
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