The claimant, a 58-year-old tradesman, was severely injured when his motorcycle was struck by an automobile crossing an intersection. The at-fault driver was cited for failure to yield to oncoming traffic. She provided a statement that she could not see the motorcycle approaching because the intersection was obstructed by a nearby fence and utility pole. The insurer for the at-fault driver immediately tendered the $100K policy limits.
Counsel for the claimant hired a civil engineer that concluded the sight lines at the intersection were approximately 100′ feet less than standard due to the obstructing fence and utility pole. Further investigation revealed the fence height and location to be in violation of town zoning bylaws. Counsel also assembled a collection of accident reports from the intersection over the previous five years showing an unusually high number of crashes.
A claim was brought against the homeowners for negligently maintaining the fence adjacent to the roadway. Counsel advised the homeowners’ insurance company it should secure independent counsel for the homeowners to protect their interests above and beyond the policy limits. Independent counsel was retained. Shortly thereafter, demand was made to pay the full $1.1 million homeowners policy limits in thirty days or less.
Counsel for the insurer recommended arbitration with the $1.1m policy limits serving as the ceiling. Plaintiff’s counsel responded that liability was reasonably clear and suggested arbitration was merely a rejection of the policy limits demand. Less than 30-days later, the insurer offered the total policy limits of $1.1 million dollars.
The claimant suffered serious injuries requiring extensive inpatient treatment, numerous surgeries, and amputation of one of his big toes.