Prior to any lawsuit, plaintiff’s insurance carrier accepted 100% liability for a head on collision, and paid plaintiff’s policy limit to the defendant while plaintiff was still hospitalized from severe injuries. After performing an accident reconstruction analyses which concluded that instead the defendant was 100% responsible, an action was instituted against the defendants. The defendants insurance carrier settled that action for the defendant’s policy limits on the eve of trial. A separate action was instituted against plaintiff’s own insurance carrier which resulted in the plaintiff’s insurance company paying the policy limit for under-insurance.
This resulted in a complete reversal of the damage initially done to the plaintiff due to the faulty legal position taken by plaintiff’s own insurance company.