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Attorney James P. Devine obtained an award in favor of his client Country Preferred Insurance Company in a wrongful death claim brought by a Country Preferred insured. The claimant had already procured a settlement against the allegedly at fault driver and sought additional compensation under the provisions of the deceased insured’s Underinsured Motorist Insurance (UIM) coverage.
The claimant was killed when his motorcycle struck the UIM vehicle from behind. The UIM driver was signaling to turn left, but then turned right into a driveway. The claimant’s attorney argued that this action was negligent, and that the motorcyclist was killed while trying to avoid the collision by passing on the right because he thought the vehicle would turn left, but then turned right. The claimant asked for an award of $2 million.
Attorney Devine successfully argued that a last-minute change of intentions was not a violation of the duty of ordinary care, and that in any event the driver of the motorcycle was going too fast for conditions and was the sole proximate cause of the accident.
The three-attorney arbitration panel returned an award in favor of Mr. Devine’s client.
Mr. Devine is a partner in the firm’s litigation group, concentrating his practice in personal injury litigation. Contact Mr. Devine to schedule a consultation.
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