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$325,000 result- cited in The New York Jury Verdict
Reporter
Motor Vehicle - Underinsured Motorist - S.U.M. Settlement -
Retired Minister Suffered Fractured Radius
SETTLEMENT: $325,000
CASE David Cockcroft v. AMICA Mutual Insurance Company, No.
22722/02
Pltf. Atty: Alan M. Greenberg of the Law Offices of Alan M.
Greenberg, New York, NY
Deft. Atty: None reported
On June 21, 2002, the plaintiff, Reverend David Cockcroft, 71,
was driving on Mindland Avenue in Yonkers when a car driven by
Bernard Lopez, Jr. came across the roadway and struck him head
on. The carrier for Lopez, State Farm, tendered its policy
($25,000) after the suit was filed.
Cockcroft brought a Supplemental Underinsured Motorist claim
against AMICA Mutual Insurance Company.
Injuries: fracture, radius
Reverend Cockcroft suffered a comminuted fracture of the distal
radius which required open reduction and internal fixation with
pins and a plate. He underwent physical therapy. He made an
excellent recovery with little or no continued pain, but there
are fine motor activity limitations.
Result:
Reverend Cockcroft received a total award of $325,000. The
carrier (State Farm) for Lopez tendered their policy ($25,000)
after the suit was filed. The SUM carrier negotiated the
settlement of the SUM claim eight weeks before a scheduled SUM
arbitration. The SUM settlement of $300,000 was negotiated in
two meetings with AMICA claims representatives.
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