Most people would think this is a major trauma case. Luckily, Faith didn’t break any bones and didn’t require surgery. Still, she suffered life lasting muscular skeletal pain and a raving Post-Concussion Syndrome.
After quickly settling Faith’s case with defendant’s minimal policy limits [State Farm] – Faith’s own underinsured coverage [Allstate] threw up a stone wall. Allstate committed the 3-D defense: Deny, Delay, and Discount.
Allstate forced our law firm to litigation. We demanded Formal Arbitration in front of Judge Victor Kenton. With a powerful DC testimony, aided by an MD Pain Specialist and a psychologist, our colleague Alexander C. Eisner blew Allstate up. Judge Kenton wrote a detailed award awarding Faith the policy limits.
Faith vs. Allstate UIM, December 27, 2019.
Practice Tips
- Even with “clear and obvious” cases, you must prepare to try them;
- Insurance companies test to see if the DC keeps good records and makes smart recommendations;
- The DC brought an MD pain specialist, which 100% justified all DC care;
- Also, to prove up the ‘obvious’ Post Traumatic Concussion, she referred client to a caring psychologist.
