Our client was in a condo association with an attorney. Things were getting heated in the association meetings, and the attorney was getting angry. One day, our client was outside in the condo parking lot when the attorney approached her. The attorney says he was just talking with her, and our client fell. Our client says the attorney pushed her.
We have previously written about how technology can be paramount in capturing key evidence. Unfortunately, it did not help in this case. The surveillance video that covered the parking glitched, and it didn’t prove either side’s story.
Unfortunately, our client fractured her wrist and incurred medical bills.
The attorney had few assets or the ability to pay a substantial judgment. He likely would have gone bankrupt, which doesn’t help our client.
A homeowner’s insurance policy usually would not pay for an intentional assault. But it would pay for an injury due to the homeowner’s negligence. We opened a claim with the homeowner’s insurance and discussed the situation.
The Insurance Company’s Conflict of Interest
At first, the insurance company denied the claim because it appeared the attorney assaulted our client. However, the attorney was adamant that he did not assault her; it was an accident. In other words, the attorney claimed it was merely negligence. We reminded the insurance company that they had a duty to protect their insured, in this case, the attorney, and there was a dispute about how the accident happened. There was a real chance we would win the case and get more than the insurance available. This creates a conflict where the insurance company has a duty to protect its insured while looking for a reason not to pay on the claim.
Howell, LLP, Finds a Solution
Our firm’s purpose is to seek compensation for people who have suffered an injury. Sometimes there is a dispute about what happened, but understanding the insurance company’s obligation to their own insured can help resolve the case. We reminded the insurance company of their obligation and the conflict of interest. We also put pressure on the insurance company by showing the extent of our client’s injuries. Ultimately, the insurance company paid the policy limits to our client, which was more money than we likely would have gotten from the attorney.
Ultimately, the homeowners’ association paid the claim. Why? Because there was a dispute about what had happened. The problem was the solution; this is how Howell, LLP, delivers for our personal injury clients. If you have been a victim of a personal injury, contact our office and schedule a free consultation—even if you think your chances of success are bleak. Let us help you like we have helped our past clients.
