Скачать или смотреть Collecting 500X the Policy Limits - Alex Wheeler, Jason Fowler, Khail Parris

This case involved a head-on car crash involving three plaintiffs – a father (Jose, 59 years old, driving), mother (Irene, 52, front passenger) and their son (Eddie, 22, back seat passenger). The defendant drank three-quarters of a bottle of tequila before getting in his car, crossed over the center line, and drove into the plaintiffs’ car at 55mph. The defendant blew just under 3X the legal limits a few hours after the crash. He was arrested and served jail time.

Jose had leg and foot fractures, which led to mobility problems after the crash. He couldn’t work again. Jose also had a heavily disputed cerebellar head injury claim. Irene had a wrist fracture and the defense disputed whether he had CRPS. Eddie had seat-belt abdominal injuries that healed fully.

The plaintiffs demanded the defendant’s $30,000 policy limits before litigation. The defendant’s insurance carrier did not timely respond to that demand, and the plaintiffs had to sue. Before trial, the insurance company sent a lawyer to the defendant’s prison and tried to buy his insurance bad faith case for $25,000. The defendant also deeded his house to his daughter before trial to avoid losing it after a judgment was entered. We sued the defendant for this fraudulent conveyance of his home.

The verdict at trial was just under $21,000,000 for all three plaintiffs. Facing that massive judgment, the defendant retained a separate law firm and sued the insurance company for bad faith and rescission of the fraudulent bad faith assignment his carrier tried to buy from him while he was in jail.

This case covered so many aspects of pre-litigation negotiation, personal injury litigation and trials, and bad faith litigation. We will discuss:

The pre-litigation policy limit demand process;

The effect of the fraudulent conveyance case against the defendant;

The disputed TBI;

The disputed CRPS;

Which trial witnesses offended the jury (the defense ortho) and which convinced the jury (the plaintiffs’ neighbor and Jose’s boss);

Post-verdict proposals to the insurance carrier;

The bad faith lawsuit, the eventual settlement, and how the law has changed since.

The full presentation can be seen at https://www.tluondemand.com.

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