Personal Injury Case Report – Breach of Contract

NATURE OF CASE:

Breach of contract, Breach of the Covenant of Good Faith

NAME OF CASE:

Withheld

COURT:

Clark County District Court

AMOUNT OF JURY VERDICT OR SETTLEMENT:

$995,200

ATTORNEY FOR THE PLAINTIFF:

Andre M. Lagomarsino, PARKER SCHEER LAGOMARSINO

CASE SUMMARY:

Plaintiff had enrolled in an Accident Disability Policy in September 2006. In March 2007, Plaintiff was involved in a horrific motorcycle accident which left Plaintiff permanently disabled. Plaintiff sustained multiple extensive injuries, including the fracture of both legs and a shattered left wrist, as a direct result of an unintended, unanticipated motorcycle accident that was external to the body. As a result of the motorcycle accident, Plaintiff was in a coma for over two months. Plaintiff eventually awoke from his coma and embarked upon a difficult path of recovery. Plaintiff eventually started receiving rehabilitation treatment for his injuries. Unfortunately, Plaintiff was not able to recover from his injuries and ultimately passed away in his hospital bed approximately ten months after the accident.

Parker Scheer Lagomarsino recovered policy limits from both the Third Party Insurer and the First Party Underinsured Motorist Policy. In addition, Plaintiff had a valid Disability Policy in effect at the time of the accident. Insurer denied Plaintiff’s Disability Policy claim, stating the injuries were sustained outside of the “covered activities” and because Plaintiff did not suffer a loss of limb as a result of the accident. The Disability Insurer’s rejection, in full, of Plaintiff’s claim under this policy forced Parker Scheer Lagomarsino to file a lawsuit alleging Breach of Contract and Bad Faith Allegations.

Parker Scheer Lagomarsino obtained a successful recovery for Plaintiff. The total recovery was $995,200.00, which included $100,000 for First Party Insurance, $50,000 for UIM Claim, $70,200 for Day Bed Policy and a large settlement of $775,000.00 for Bad Faith claim against the Insurer.

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