RW and DRW for the Estate of JW
Jan 01, 2017OUTCOME: Successful negotiation of a UM claim
Cobb County State Court. In this case, our firm represented Mr. W and the estate of Mrs. J W in a wrongful death and uninsured motorist claim. Unfortunately, the Plaintiff’s insurer attempted to place ... blame on their own insured, R W, for the collision in order to avoid paying the UM policy. The Defendant, Ms. B, paid out her policy limits, in the amount of $4,000 to her passenger and the remaining $46,000 to the W's, and the litigation was then just as to the UM issues. The collision occurred at the Plaintiff’s driveway and the investigating officer found both drivers at fault, comparatively. Mrs. W suffered critical injuries and died in the hospital that evening. This case had a very strange procedural posture, as it was originally filed by the passenger in Ms.’s vehicle in Magistrate Court of Cobb County and named both Ms. B and Mr. W as defendants. Mr. W, though our firm and Mr. W's Insurance’s defense counsel, filed an answer and cross-claim against Ms. B. After receiving $4,000.00 from Ms. B's insurance company and $4,000.00 from Mr. W's insurance company, the passenger dismissed in his Magistrate Court case. We filed a motion to transfer the case to State Court. The insurer then switched roles and “represented” Ms. B against their own insured. Fortunately, after a lengthy and very emotional mediation, the case was successfully resolved for the widower, R W and the Estate of Mrs. W.