Judith and Wallace Peer v Carole and Robert Chiossi

Glenn Jay Holzberg

Case Conclusion Date:February 6, 2009

Practice Area:Slip and Fall Accident

Outcome:Settlement for $750,000.00

Description:Judy tripped over a vacuum cleaner in her sisters home when the family dog lunged at her baring its teeth in an aggressive manner. She suffered a distal radial fracture of her dominant wrist, which over 4-6 weeks developed into RSD/CRPS I. (Reflex Sympathetic Dystrophy n/k/a Comprehensive Regional Pain Syndrome. The defendants carrier Cypress Casualty, Tampa, FL, covered the Defendant Chiossi's home with a $300,000.00 policy with a $25,000.00 dog attack limitation. plaintiff through counsel took the position that a failure to pay the $25,000 limit within 30 days of demand was bad faith. When Cypress, through its outside adjustment company Crawford and Co., offered the 25k limits after 72 days, we rejected the offer filed suit and prepared for trial. At mediation 1 month before trial Cypress acknowledging the problems in failing to timley tender, paid $750,000.00 to settle this and any future Bad Faith action. Had Cypress delivered a check for $25,000 WITHIN 30 DAYS OF OUR INITIAL DEMAND THEIR EXPOSURE WOULD HAVE BEEN LIMITED TO THAT AMOUNT AND WOULD HAVE SAVED $725,000.00

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