BLG recently secured a policy limits settlement with a commercial auto insurer after it initially denied coverage to a woman who was severely injured and partially disabled when struck by an intoxicated driver. The seven-figure settlement was achieved after BLG filed a civil suit against both the insurer and the driver and set the case for a four-day jury trial.
The 64-year-old Plaintiff was driving on Farmwell Road in Ashburn, Virginia, around 12:25 p.m. on a day in late-April 2023, when the Defendant, operating a vehicle within the scope of his employment, suddenly crossed three lanes and a road median, colliding head-on with the Plaintiff’s vehicle. The Defendant was highly intoxicated at the time, with a blood alcohol content nearly four times the legal limit. Emergency responders had to extricate the Plaintiff from her vehicle using the Jaws of Life before rushing her to a local hospital.
The Plaintiff spent 23 days in the hospital, including four days in the ICU. She sustained multiple fractures, including to several vertebrae, her left wrist, clavicle, various ribs, right ankle, and foot. Due to the severity of her injuries, the Plaintiff underwent multiple surgeries and required blood transfusions. After her discharge, she required extensive rehabilitation. Her physicians believe she will never fully recover from some of the injuries sustained in the accident.
Following the crash, the Plaintiff sought coverage under the Defendant’s employer’s commercial auto policy. However, the insurer, also named as a co-defendant in the Plaintiff’s civil suit, wrongfully refused to provide coverage, despite the fact that the Defendant was driving a company vehicle in connection with his employment at the time of the accident.
The Plaintiff was forced to file a civil suit against the Defendant, his employer, and the insurer, asserting claims of Negligence and seeking a Declaratory Judgment on the coverage issue. After overcoming preliminary motions and engaging in extensive discovery, the case was scheduled for trial.
The parties reached a resolution prior to trial, with the commercial auto insurer tendering its full policy limits of $1,000,000.00, and the Defendant’s personal insurer contributing an additional $25,000.00.
While BLG is pleased to have secured just compensation for its client’s extensive pain and suffering, it regrets that litigation was necessary to compel the insurer to honor its contractual obligations.
Attorney Robert Rose represented the Plaintiff.