$70K Verdict in Allstate Underinsured Motorist Lawsuit
Table of Contents
Case Background
This case originated from a motor vehicle accident that took place on November 26, 2022, in Middlefield, Connecticut. Around 4:43 p.m., Adam Spencer had been driving northbound on Baileyville Road and had stopped at the intersection with Route 66. At the same time, Christopher Madera, driving a vehicle owned by Kelly Willette, had been travelling east on Route 66 and attempted a right-hand turn onto Baileyville Road. In doing so, Madera suddenly crossed into Spencer’s lane and collided with his vehicle.
Spencer, along with his passenger, Gail Chodkowski, had sued their own insurance carrier, Allstate Fire and Casualty Insurance Company, for underinsured motorist benefits. The complaint stated that the driver at fault, Madera, had carried insufficient insurance coverage to fully compensate them. Allstate had denied responsibility to pay under the policy.
Cause that led to the dispute
The Plaintiffs argued that Madera’s negligence had caused the crash, which had entitled them to additional compensation from Allstate under their underinsured motorist policy. Allegations of negligence included failure to keep a lookout, reckless turning, poor lane control, and excessive speed for the conditions.
Injuries suffered
Adam Spencer had suffered back pain, left shoulder pain, and aggravation of a pre-existing back condition. His injuries required medical attention from several providers, including ambulance transport, hospital care, and follow up treatment through the VA system. He also claimed that the injuries interfered with his ability to work and diminished his quality of life.
Gail Chodkowski, the passenger, had also sustained injuries, including neck pain, chest pain, dizziness, and general physical and mental suffering. However, the jury verdict form addressed only Adam Spencer's claims.
Damages Sought
The jury found in favour of Adam Spencer and awarded him a total of $70,000. This included $40,123 in economic damages for medical expenses covering services from Hunter’s Ambulance, Middlesex Hospital, and the VA Department of Veterans Affairs and $29,877 in non-economic damages for pain, suffering, and loss of enjoyment of life.
Key Arguments and Proceedings
The defense, representing Allstate, had not disputed that an accident occurred but denied the extent of the injuries and their causal connection to the crash. They also raised several legal defenses, including their right to reduce or offset any recovery due to prior payments from the at fault driver’s insurance provider GEICO which had already paid out its policy limits.
The defense further asserted limitations under the policy terms, which capped underinsured motorist coverage at $100,000 per person. Allstate’s legal team argued that any award had to be reduced by prior settlements or other insurance sources, per the contractual policy language.
Legal Representation
Plaintiff(s): Adam Spencer
Counsel for Plaintiff(s): Garrett M. Moore Jr
Defendant(s): Allstate Fire and Casualty Insurance Company
Counsel for Defendant(s): Heather Genovese
Key Arguments by Counsel
Spencer’s attorney emphasized the ongoing nature of his injuries and the fact that Madera’s limited coverage left his client without adequate compensation unless the underinsured motorist benefits kicked in. They argued the treatment had been necessary, the injuries were permanent, and Allstate had a contractual obligation to cover the gap.
The defense focused on policy terms, offsets from prior insurance payments, and the question of whether Spencer’s complaints were directly related to this specific crash or possibly linked to pre-existing issues.
Claims Asserted
Spencer filed claims for medical costs, lost wages, permanent physical injury, pain and suffering, and loss of enjoyment of life. He also claimed Allstate had wrongfully refused to provide underinsured motorist benefits under the terms of his policy.
Chodkowski, though included in the complaint, did not have her claims addressed in the final jury verdict reviewed.
Defense Arguments
Allstate denied negligence, challenged the link between Spencer’s injuries and the crash, and invoked policy clauses that allowed for reductions based on prior payments from GEICO. They also cited the overall policy limits and raised set off rights based on any workers’ compensation or disability benefits Spencer may have been eligible to receive.
Jury Verdict
The jury returned a verdict in favour of Adam Spencer, finding that Allstate’s insured had indeed sustained injuries caused by another driver’s negligence and that Spencer had not yet been fully compensated. The jury awarded $70,000 in total damages, comprising $40,123 for medical expenses and $29,877 for non-economic suffering.
Court Documents