Location: Henrico County, Virginia
Injuries:
Catastrophic Injuries
Settlement: $1,300,000
Our client was a tow truck operator. He was preparing to tow a disabled RV on the shoulder of I-95 when he was struck by the defendant’s car. He sustained multiple fractures to his hip and foot. The defendant fled the scene and was later identified.
The settlement was for every penny of the available insurance coverage, $1.3 million, including $100,000 from the defendant’s carrier, $920,000 from the plaintiff’s employer’s underinsured motorists (UIM) policy, $50,000 from the plaintiff’s personal UIM policy, and $230,000 from the UIM policy on the disabled RV (Progressive).
Progressive initially denied coverage on the basis that the plaintiff was not occupying or using the RV; he was there to tow it. A Progressive adjuster told plaintiff’s attorney that any judge evaluating the case would decide in Progressive’s favor. Plaintiff’s counsel responded by filing a declaratory judgment action against Progressive, which was litigated in federal court in the Eastern District of Virginia.
Despite the fact that the plaintiff was kneeling next to the RV at the time he was struck, the Court agreed with Allen & Allen’s arguments that the plaintiff was both “using” and “occupying” the RV at the time of the incident. The judge issued a published opinion in favor of the plaintiff. The case settled soon thereafter for $1.3 million.
