Umbrella Claims Stories
Mike Lloyd
|
| Story | Demand or Judgment |
|---|---|
| Our client’s daughter hosted a pool party while the parents were out of town. When a guest dove head-first into a shallow area of the pool, he suffered severe injuries, including traumatic brain injury. | $15.5 million plaintiff demand |
| While driving his pickup truck, our client hit and caused serious injuries to a cyclist, who then sued. There was evidence our client had been texting while driving. The insured had an underlying auto policy with $500,000 in limits, which the primary carrier tendered. As the excess carrier, Chubb retained defense counsel for the insured. | $10.5 million plaintiff demand |
| Our client was rear-ended by an under-insured motorist and suffered severe neck trauma that required multiple surgeries. The other driver’s liability insurance wasn’t enough to cover our client’s medical costs and damage claim. Fortunately, our client had included Excess Uninsured/Under-insured Motorist coverage as part of his excess liability policy with Chubb, which protected him when he needed it most. | $9.75 million plaintiff demand |
| In Florida, while taking items to his trash, a man was attacked by a neighbor’s three dogs, which had escaped through an open gate on the neighbor’s property. The man sustained multiple lacerations to both legs and a lower back injury. | $7.7 million judgment |
| In New York, after completing his work in the attic of a customer, a heating and cooling service technician fell through the floor of the attic, falling nearly 20 feet. He sustained injuries to his back, hand, foot, ribs, shoulder, and wrist. | $8.9 million judgment |
| In California, while traversing a crosswalk, a woman was struck by an oncoming vehicle. The impact resulted in a traumatic brain injury and damage to one leg that ultimately necessitated an above-the-knee amputation. | $26.2 million judgment |
| In Florida, while riding his motorcycle down a highway, a man was struck by a vehicle traveling the wrong way. He sustained multiple fractures, including his arms, collarbone, pelvis, and jaw. The injuries also resulted in infertility, pain, suffering, mental anguish, and lost wages. The vehicle occupants, all minors, were intoxicated at the time and had left a party at the defendant’s home, where alcohol was being served. | $47.5 million judgment |
| In South Carolina, while riding his motorcycle through an intersection, an individual was struck by a vehicle that ran a red light. The impact caused the man to be thrown from the motorcycle and to pass away at the scene from the resulting injuries. The family of the victim sought wrongful death, compensatory, and punitive damages from the driver for motor vehicle negligence. | $50 million judgment |
| Our client’s enthusiastic dog escaped from ungated property and ran into the street, where he collided with a cyclist, knocking him to the ground. The cyclist was taken to the hospital, had to undergo surgery, stayed in a rehab facility for weeks, and then commenced an extensive physical therapy program. The cyclist filed a claim against our client, alleging negligence and failure to supervise their dog, claims that were covered by the client’s homeowner’s policy. | $650K plaintiff demand |
| During a yoga class, our client was shifting from one balancing yoga pose to another, when she fell onto the person next to her, fracturing and dislocating her neighbor’s ankle. The injured person required surgery on both sides of the ankle and sued the client for damages. The injured claimant’s doctors and attorney alleged that she sustained nerve damage, Rejection Sensitive Dysphoria exposure, and Chronic Regional Pain Syndrome. An independent medical examiner confirmed a limp and inability to walk normally even after physical therapy. However, surveillance video countered these allegations, and the case settled for a lesser amount through mediation. | $575K plaintiff demand |
| Our client’s daughter was riding her bike down a hill when she lost control and collided with a neighbor on a walk with her husband. The impact caused the neighbor to fall to the ground, landing on her hip and hitting the back of her head. She sustained a hip fracture and a head injury, requiring multiple nights of hospitalization, and a surgery to insert a rod and screws into her leg. After several weeks of rehabilitation, she was able to return home. The injured neighbor sued our client to cover her medical expenses and compensate her husband for the time and effort he dedicated to her care following the accident. After several months, her recovery progressed remarkably, and she informed her doctor that she was walking as she had before the accident. This impressive turnaround enabled the claims adjuster to negotiate a fair settlement based on her positive outcome. |
$1.05M plaintiff demand |
| Our client hired a contractor for backyard renovations. The contractor dug a large hole near the back gate and covered it with a piece of plywood, without any warnings or barriers. When the client’s housekeeper entered the property through the back gate, she saw the large piece of plywood, lifted it to avoid tripping, and fell straight into the hole. She suffered multiple fractures and low back strain that required fusion surgery. Despite treatment, the housekeeper endured ongoing pain, affecting her ability to work and enjoy life. While the contractor was mainly responsible for the accident, state law also held the property owner accountable for keeping the property safe. The housekeeper filed a lawsuit against our client and the contractor, but in mediation, the contractor’s insurance company was unreasonable in their settlement offer. As a result, the client’s primary homeowner’s insurance carrier, and Chubb as the excess carrier, decided to settle their claim, leaving the contractor to litigate the matter on their own. |
$2.2M plaintiff demand |
| Dog Bite Leads to $5.6M Jury Verdict In one of the most serious dog bite cases in recent memory, a woman was awarded $5.6 million by a jury after being violently attacked while performing a simple neighborly gesture. She had walked over to a nearby home to deliver misdelivered mail when she was unexpectedly mauled by a labrador/pit bull mix that had a documented history of aggression. The attack occurred inside the neighbor’s home after the woman was invited in for a brief visit. Without warning, the dog ran down the hallway and latched onto her, causing severe injuries. Emergency responders were called, and the woman was rushed to the hospital. Evidence later revealed that the dog had been flagged for aggression on multiple veterinary visits. Despite this, the owners maintained that the dog had never bitten anyone before and sought to deflect responsibility. The jury disagreed, ultimately awarding significant damages—including compensation for medical expenses, ongoing physical therapy, and loss of quality of life. The woman, a former marathon runner, has undergone five surgeries and remains in physical therapy. Her injuries have had a lasting impact, limiting her mobility and drastically changing her lifestyle. This case underscores the importance of responsible pet ownership—and the potentially devastating consequences when warning signs are ignored. |
$5.6M Jury Verdict |
| Our clients were shopping for new window blinds from a company that sends a specialist to measure windows in customers’ homes. When the window specialist arrived at our client’s house, she exited her car, stepped onto the driveway and rolled her ankle on uneven pavement. She suffered multiple fractures, which required several surgeries, and needed medical hardware inserted into her ankle. An inspection by Chubb identified a six-inch slope defect in the driveway, defining a clear liability for our client. Because the specialist was considered a business invitee, our client had a responsibility to either address or warn her about potential hazards on the property. The specialist incurred substantial medical expenses and lost income due to her injury, contributing to the elevated demand for compensation. |
$7M plaintiff demand |
| A policyholder was driving across an intersection and became distracted by oncoming headlights, failing to see a pedestrian in the crosswalk. There was a collision, and the pedestrian was hospitalized, suffering long-term injuries. The costs associated with this claim exceeded $1.2 million. The driver had auto coverage with limits of $250K/$500K. This alone would not have been nearly enough to cover it. Fortunately for the policyholder, they also had a $1M umbrella. Between this coverage and the $250K limit on the auto policy, the claim was paid in full and the policyholder’s assets and future earnings remained protected. | $1.2M Claim |
| The Insured’s 18 year old son was driving the Insured’s car on a short trip to the store with his girlfriend, the Claimant. The car left the roadway and struck a tree. The Insured’s son told the police that a vehicle cut him off, but there were no witnesses and no evidence of any impact with another car. The Claimant has no recollection of the accident. The Claimant, a 19-year-old college student, was hospitalized for over a month with multiple fractures and internal injuries. She was in a wheelchair but is now able to walk with crutches and continues with physical therapy. She has a right drop foot as a result of the injuries. The Insured’s personal umbrella policy limit was paid. |
Unknown |
| Claimant, age 2, was on the Insureds’ property with his grandparents who were there to care for two horses owned by the Insureds. The Insureds were out of town on vacation. The Claimant was kicked by one of the horses, taken to the emergency room, and then life flighted to a larger hospital. The Claimant was given a 5 percent chance of survival and underwent surgery for a cracked skull (a piece of which was missing) with 30 percent damage to the right side of his brain. He survived and is residing in a neighboring state at a rehabilitation center. A large payment was made under the personal umbrella policy. |
Unknown |
| The Claimant and Insured have been longtime friends, live on the same street, and the Claimant had been to the Insured’s home on many occasions. The Insured lives in a home with a brick patio which had been constructed in the 1960s. Bricks were replaced one year before the incident. An area of the patio is bordered by an 18 inch retaining wall with a flower bed between the wall and the brick patio. The Insured, Claimant, and another Friend met at a club, had a few drinks, and all returned to the Insured’s home where they sat on the patio in lawn chairs and continued drinking. At approximately 11:00 PM, the Insured went inside to the kitchen. The Friend also entered the house to call a cab. When the Friend went back outside, the Claimant was no longer on the patio. He found the Claimant unconscious on the ground on the other side of the patio retaining wall. The Claimant remembers falling, but does not remember how it happened. According to the Insured, on other occasions when the Claimant had been at the home, a patio table was in front of the retaining wall. The table had been removed, exposing an area of the wall. The Claimant, age 56, sustained a spinal cord injury which rendered him an incomplete quadriplegic. He underwent surgery and was on a feeding tube for several months. He was able to return home 6 months after the incident, but continues to suffer partial paralysis of his arms and legs. He uses an electric wheelchair to get around his house and requires assistance with some activities of daily living. The Claimant owned his own business and was married 1 month before the incident. His wife now cares for him at home. The settlement to the Claimant exhausted the underlying coverage limits and payment was made under the personal umbrella. |
Unknown |
| Excess UM/UIM Claim Scenario The Insured was driving legally on a highway when she was rear ended by another driver. The collision caused the Insured’s vehicle to hit a barrier and bounce into a light pole. The other driver attempted to flee the scene on foot but was apprehended. He was uninsured, does not have a driver’s license and was cited for numerous violations. The Insured sustained two broken ribs, three broken teeth, contusions to her lungs and lacerations to the head. After the insured’s primary insurance company tendered its full Uninsured Motorist limit, she was still left with $260,000 in medical expenses. The RLI Personal Umbrella Excess Uninsured Motorist coverage paid the remaining expenses. |
Unknown |
| A doctor accidentally hits a pedestrian with his car. It was clearly an accident, not someone trying to stage an insurance scam. Once inside the building, the doctor decides to check on the pedestrian. He parks, gets out, and immediately begins examining the person. Fortunately, they appear to be fine. An ambulance is called, and the pedestrian, still able to walk, gets in and is taken away. The doctor goes about his day, assuming the situation is resolved. Later, an attorney contacts the pedestrian, realizing that the driver was a doctor. The claimant suddenly alleges serious medical issues and multiple procedures, filing a $10 million lawsuit against the doctor. Ironically, it all happened because the doctor chose to examine the pedestrian. If bystanders had simply said, “Hey, we’re not doctors—someone should check on them,” the situation might have played out differently. Since the doctor performed an impromptu medical evaluation, it opened the door for a massive lawsuit, putting an entire family at risk for a $10 million claim. |
Unknown |
