Wagstaff v. Farmers Insurance

In 1999, Mr. Horwitz represented a pedestrian who was hit by a speeding vehicle. The defendant driver paid its minimum policy limits to Mr. Horwitz’s client. Mr. Horwitz then made a claim for underinsured motorist benefits under his client’s policy. The insurance company offered $2,500 in full and final settlement of the claims by its insured. Mr. Horwitz successfully negotiated a total settlement package of $271,000 from his client’s insurance company.

In a related case, Mr. Horwitz represented the pedestrian’s wife and minor child for claims of loss of consortium and a Dillon v Legg type emotional distress claim. Based on Mr. Horwitz’s advise, his clients turned down an offer of $11,500 to settle both claims. Later, at a mediation, Farmers reduced its offer to $1,500. A binding arbitration award was entered in favor of Mr. Horwitz’s client in the amount of $25,000 to the minor child, and $50,000 to the pedestrian’s wife.