Attorney James P. Devine obtained a favorable award in an under insured motorist (UIM) claim brought against his client, Country Preferred Insurance Company, the second result in such a hearing within the last 30 days.
In this case, the Country Preferred insured was injured in an automobile accident caused by a motorist who was insured by State Farm. The insured sustained a concussion along with cervical injuries, and complained that he still had post-concussion syndrome and symptoms seven years after the accident. He claimed to have incurred medical bills of about $65,000 and lost wages of $12,000.
Since liability was clear, the only issue at the hearing was the amount of the damages. The insured attorney requested an award of $600,000. Mr. Devine argued that there was no evidence that the post-concussion syndrome was still causing the insured’s symptoms. The arbitration panel awarded the claimant $122,500. Because Country Preferred was entitled to a set off for the $100,000 paid by State Farm and $45,000 it had paid to the insured’s various medical providers under the “medical pay” provisions of its policy, Country Preferred is not responsible for paying any more money to the insured.