$300K Verdict in Underinsured Motorist Injury Case Against Cincinnati Insurance
Table of Contents
Facts in the Backdrop of the Incident
On August 7, 2019, around 3:11 p.m., Eleanor Mario drove south on Ella T. Grasso Boulevard in New Haven, Connecticut. She approached the intersection at Kimberly Avenue. Her traffic light turned green. She continued through the intersection, heading north toward Marsh Hill Road. At that moment, another vehicle, driven by Rena Shlomo, traveled west on Kimberly Avenue. Shlomo’s light was red. Despite this, she entered the intersection attempting a left turn. Her vehicle collided with Mario’s car.
Events Leading to the Legal Dispute
Rena Shlomo ran a red light. She attempted an improper left turn. She failed to stop at the signal, violating Connecticut General Statutes §14-299(b)(3). She did not maintain control, brake in time, or avoid the crash. She also failed to warn Mario. Shlomo was underinsured. On September 30, 2022, Mario settled her claim against Shlomo’s insurer, Geico, for the full $100,000 policy limit. Mario then turned to her own insurance provider, The Cincinnati Insurance Company, for underinsured motorist benefits.
Plaintiff’s Injuries and Their Impact
The crash caused significant injuries. Mario suffered cervical disc issues at C5-C6 and C6-C7. She experienced neural foraminal narrowing and loss of natural cervical curve. She also endured a cervical strain, back pain, and sleep loss. These injuries caused lasting physical pain. They affected her emotional well-being. She now faces potential future treatments. The crash reduced her ability to enjoy life’s usual activities.
Claimed Damages
Mario sought compensation for medical costs, physical and emotional pain, and loss of enjoyment of life. She also faced future medical needs. Her demand exceeded $15,000, excluding interest and court costs. She requested financial damages and any relief deemed fair by the court.
Claims Against the Defendant
Mario brought a personal injury claim against The Cincinnati Insurance Company. She argued the insurer failed to provide underinsured motorist benefits as required. The policy, issued in Connecticut, was active on the date of the crash. It included coverage for situations involving underinsured drivers. Under Connecticut General Statutes §38a-336, the insurer was obligated to pay damages she was legally entitled to recover. The court scheduled the return date for March 7, 2023. Mario requested monetary relief and any just and proper remedy the court may grant.
Key Arguments and Proceedings:
Legal Representation
Plaintiff: Eleanor Mario
Counsel for Plaintiff: Carla Minniefield
Expert Witness for the Plaintiff: Michael Orefice | John Marino | Vito Errico
Defendant: The Cincinnati Insurance Company
Counsel for Defendant: Eileen R. Becker
Claims
Underinsured Motorist Benefits
Eleanor Mario claimed The Cincinnati Insurance Company failed to pay benefits owed under her underinsured motorist coverage. She argued that, after settling with the at-fault driver’s insurer for policy limits, she was legally entitled to additional compensation under her own policy.
Breach of Contract
Mario asserted that The Cincinnati Insurance Company breached its insurance contract. She claimed the policy, valid on the date of the crash, required payment for damages caused by underinsured motorists, which the company failed to provide.
Statutory Violation
Mario cited Connecticut General Statutes §38a-336, which mandates underinsured motorist coverage. She claimed the insurer’s refusal to pay violated this statute and denied her rights under Connecticut law.
General Damages
The plaintiff sought compensation for physical and emotional suffering, medical expenses, and loss of life enjoyment. She claimed the crash and injuries left lasting physical and psychological impacts.
Legal Costs
Mario requested reimbursement for legal expenses. She argued The Cincinnati Insurance Company’s failure to honor the policy forced her to pursue legal action.
Defense
The Cincinnati Insurance Company denied all claims for underinsured motorist benefits. It argued that Eleanor Mario failed to exhaust all applicable liability coverage, as required by law and policy terms. The company asserted that any damages awarded must be reduced by payments from other sources, including legally responsible parties or benefits like workers’ compensation. It also claimed Mario’s recovery is limited to the $500,000 policy limit, subject to lawful credits and setoffs. Lastly, it argued that any judgment must be reduced by collateral source payments made to or for Mario.
Jury Finds in Favor of the Plaintiff
On January 23, the jury found in favor of Eleanor Mario. Jurors concluded that The Cincinnati Insurance Company failed to fulfill its obligation under the underinsured motorist coverage.
The jury awarded $300,000 in damages to Mario. This compensation addressed her medical expenses, physical pain, emotional distress, and reduced quality of life caused by the crash.