$250,000 - Partial Settlement / Appeal - Motor Vehicle Accident

  • Date: Summer 2007
  • Attorney: Kenneth W. Elwood
  • Settlement: $250,000
  • Practice Areas: Motor Vehicle Accident, Insurance Coverage Dispute

Blume Goldfaden Partner, Kenneth W. Elwood, represented a man who was a passenger, involved in a head on collision, resulting in several spinal fractures requiring surgery, a foot fracture, several broken teeth, TMJ, and psychological injuries. The client was a passenger in his New York employer's car, which was being driven by his brother, who unfortunately fell asleep at the wheel. The value of the injuries well exceeded the vehicle's insurance coverage limits of 250,000, and, the plaintiff's brother had no insurance of his own.

In order to obtain the best recovery possible, suit was brought against the plaintiff's New York employer, who had an additional personal umbrella policy of 2 million dollars, and Ken requested that the Court apply New York law, which would allow us to seek coverage under this additional insurance policy. New York law is more favorable than New Jersey law concerning a vehicle owner's liability. Ken also sued the insurance company which covered the plaintiff's parents, as it potentially would provide added coverage for the driver. The lower Court ruled against the application of New York law, but ruled in favor of the added coverage under the parent's insurance policy. Both sides appealed, but in the interim, Ken Elwood was able to secure a partial settlement of $250,000, with the right to continue appeals.

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