Last year the Williamsburg Lawyers (TWL) settled a tragic wrongful death case arising out of the use of machinery. The Defendant was a defunct Corporation. With no assets, the Corporation was judgment proof except for its commercial liability insurance coverage. It was critical to establish insurance coverage to make sure the deceased’s loved ones would be fairly compensated for their loss.
The Defendant’s insurance company retained two experienced and seasoned attorneys to defend the lawsuit. One was retained to defend by claiming there was no insurance coverage applicable to the case. The other was retained to defend on the grounds that even if there was insurance coverage, the deceased was contributorily negligent and therefore barred from any recovery. The defense lawyers were adamant that they were right and refused to pay our demand.
TWL spent hours scouring over the language of the insurance policy and researching the law. We uncovered law that refuted their position. They requested to resolve the dispute with a mediator. After six hours of mediation, the matter was settled. We were able to recover a substantial monetary award for the relatives of the deceased which enabled them to move forward with their lives knowing that justice was served.
As we previously reported, the Defendants in our truck injury case were held accountable for spoliation of evidence. Sanctions imposed prohibited them from using their original expert and both faced the prospect of an adverse jury instruction against them for the spoliation. After a sizable settlement from one of the defendants, the second defendant has now caved in and settled as well. The total combined settlement was just shy of a million dollars. Trial had been scheduled for March 27, 2012 and will now be taken off the trial docket.