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Firm Wins Equitable Subrogation Case For Insurer Client
Principal John Brydon and Senior Litigation Counsel Robert Farrell obtained a quarter million dollar binding arbitration award for 21st Century Insurance Company against Mid Century Insurance Company.
21st Century was required to pay its excess policy limits following Mid Century's failure to accept policy limits demands arising from an auto collision in which Mid Century insured the car being driven by a 21st Century insured.
By law, 21st Century's $250,000 policy was excess and Mid Century's $100,000 policy was primary.
Mid Century controlled the defense and despite a recommendation from its panel counsel to accept a policy limits demand the primary insurer continued with the litigation, refusing to settle on at least three occasions.
After plaintiff's counsel was able to secure a medical opinion that his client would require future surgery the offer to settle for the primary policy was withdrawn and the case later resolved with 21st Century paying its $250,000 excess limits.
21st Century filed this equitable subrogation lawsuit to recover its payment and the parties agreed to submit the dispute to binding judicial arbitration.
Following a two-day evidentiary hearing before retired judge Walter P. Capaccioli, 21st Century was awarded $250,000 plus three years interest on its payment.
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