David Milvae v. The Travelers Home and Marine Insurance Company

Case Background

On October 17, 2022, David Milvae filed a lawsuit against The Travelers Home and Marine Insurance Company in the Superior Court, J.D. of Hartford (Case number: HHD-CV22-6161627-S), seeking underinsured motorist benefits. It was presided over by the Judge Charles Reed.

Cause

On June 7, 2019, at approximately 5:23 p.m., David Milvae was involved in a rear-end collision in Southington, Connecticut. Milvae was traveling on the I-84 westbound Exit 32 off-ramp in the right lane of four at the intersection of Queen Street. He stopped his vehicle for a red light at the intersection. At that moment, Xhemail Memeti, who was driving directly behind Milvae, negligently and carelessly struck the rear of Milvae’s vehicle. At the time of the accident, Milvae had an insurance policy with The Travelers Home and Marine Insurance Company. The policy number was #930849254 101 3, which provided benefits of $100,000. All premiums on this policy had been paid. It was in full force and effect at the time of the collision.

Injuries

As a direct and proximate result of the collision and Memeti’s negligence, Milvae sustained injuries to his neck, left arm, left shoulder, and low back. These injuries caused significant pain, discomfort, and restricted motion. Milvae required hospital treatment, physical therapy, and various medications for pain management. The medical professionals treating Milvae determined that his injuries were likely permanent in nature and expected to cause ongoing pain and disability. The injuries resulted in both immediate and long-term effects on Milvae’s physical well-being and daily life activities.

Damages

Milvae incurred substantial medical expenses for the treatment of his injuries. These expenses included costs for hospital care, physical therapy sessions, and medications. He sought additional compensation from his own insurer, The Travelers Home and Marine Insurance Company. He cited his policy terms and Connecticut law on underinsured motorist coverage. This claim aimed to recover damages beyond Memeti’s limited payout, addressing Milvae’s lost work time, diminished earning capacity, and other injuries sustained in the collision.

 Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): David Milvae

 

  • Defendant(s):The Travelers Home and Marine Insurance Company
    • Counsel for Defendants: Kellie Jo Rivera

 Claims

The complaint alleged that the tortfeasor, Xhemail Memeti, had inadequate insurance to fully compensate Milvae for his injuries and losses, having paid out his policy limit of $50,000. This amount was insufficient to cover Milvae’s extensive damages. Consequently, Milvae sought to recover under his own policy with Travelers, which provided coverage of $100,000 for uninsured/underinsured motorist claims. Milvae’s legal team argued that Travelers was legally responsible for compensating Milvae for his injuries and losses pursuant to the terms of the insurance policy and in accordance with Connecticut General Statutes § 38a-336.

Defense

In their response, Travelers admitted to issuing an automobile insurance policy to Milvae but denied or claimed insufficient knowledge about most of the allegations in the complaint. The insurer outlined several key points in its special defense. First, Travelers asserted that its gross uninsured/underinsured motorist limit of liability was $100,000/$300,000. This limit applied regardless of the number of insureds, claims made, vehicles listed in the declarations, or vehicles involved in the accident. The company also claimed entitlement to set-offs and reductions in any potential award. These included set-offs for basic reparations benefits payments made to Milvae and reductions for sums paid by legally responsible parties or under workers’ compensation or disability benefits laws.

Furthermore, Travelers argued that its coverage would be excess over any coverage of the occupied vehicle or other applicable coverage. By presenting these defenses, the insurer sought to limit its potential liability. This would apply if the court awarded damages to Milvae for personal injury and/or economic damages. This defense strategy aimed to protect Travelers’ interests while acknowledging the existence of the insurance policy in question.

Expert Testimony

Christopher Berube, a Certified Physician’s Assistant specializing in traumatic musculoskeletal injuries, provided expert testimony for David Milvae’s case. Berube opined that Milvae’s neck and back injuries were likely caused by the June 7, 2019, incident. He described the nature and extent of Milvae’s injuries, including symptoms, limitations, and treatments received. Berube also testified about the causal connection between the incident and Milvae’s injuries, discussing permanent impairments, future treatment needs, and associated costs.

Jury Verdict

On June 26, 2024, the jury awarded $39,404.11 to the plaintiff, including $16,904.11 for economic damages and $22,500 for non-economic damages, compensating for medical bills, lost wages, and pain and suffering.

Court Documents:

Complaint

Answer

Jury Verdict