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Brian Rosenhall was injured in a rear end collision. He was not at fault and his injuries reduced his future earning capacity by almost $1,000,000. Unfortunately, the driver who injured him had auto liability limits of only $100,000 and after nearly four years the case was settled for $85,000.
At that point, Brian looked to State Farm, his auto insurance carrier, to make up the difference using his Underinsured Motorists Coverage. State Farm denied the claim because it was submitted more than four years after the accident and was past the statutory time limitation in which to submit a claim. In the ensuing lawsuit, Brian argued that the time limitation does not begin until after a settlement determining damages has been reached, since such claims cannot realistically be made until then. He wanted the statutory time limitation clock reset to reflect the date of the settlement, not the date of the accident.
The court agreed with Brian and reset the clock.
Click here for more details on this court case. |
