$1.6 Million Settlement in Automobile Negligence Action Against Uninsured Motorist Carrier

The decedent was a 74 year-old female retired attorney living at a high-rise condominium. The adverse driver was an unlicensed illegal immigrant working as a painter for a contractor who was hired by the condominium to perform renovation work. The adverse driver was asked by his supervisor to drive his car and get lunch for the work crew. On his way the adverse driver ran a stop sign, struck and killed the decedent. She was survived by her 83 year-old adult husband, a retired law enforcement officer. The Estate brought an uninsured motorist action against multiple carriers for all available benefits. The carrier admitted negligence, but argued the value of the Estate’s damages were less than policy limits. The Estate replied that the case had number of aggravating factors making the claim worth more than policy limits and that the failure to pay policy limits would result in a bad faith action. The case settled prior to trial for $1.6 million, the total available policy limits.