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$450,000 settlement during binding arbitration. The plaintiff, a 63-year-old man, was struck by a car making a left turn as he attempted to cross the street on the upper east side of Manhattan. He fractured his 4th and 5th metatarsals and struck his head when he fell. Shortly thereafter, he began to suffer from confusion. His doctors felt he suffered a traumatic brain injury, but the individual had prior health issues which may have been affecting his mental state. The driver of the car that struck him tendered his $25,000 policy. However, the plaintiff, an out of state resident, had an Uninsured Motorist policy that could pay out up to another $475,000. The carrier than claimed that an out of state policy doesn’t apply to an accident in New York, forcing us to name the carrier directly as a defendant, with a claim of breach of contract, which we later won, giving us the ability to collect a much larger award for our client.
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