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Insurer liable for under-insured motorist claim

A $40,000 judgment costs an insurer due to an under-insured motorist.

By Patricia L. Harman | Updated on March 17, 2017
The driver who hit the claimant only had $15,000 in coverage. Guess who paid the balance of the $40,000 jury award? (Photo: Shutterstock)

Richard Harris, 44, was stopped at an intersection in West Philadelphia when the car he was driving was struck from behind on March 28, 2013. Following the accident, Harris claimed that he had suffered back injuries and a specific bodily function was impaired.

Harris was examined and released from the emergency room following the accident. On April 3rd, Harris went to a rehabilitation facility complaining of lower back pain. An MRI and an EMG showed that he had a bulge at the L4-5 and L5-S1 discs. He was diagnosed with lumbar strain and sprain, as well as myofasciitis (widespread pain). He was treated with physical and massage therapy, as well a series of facet injections to help manage the pain.

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Patricia L. Harman

Patricia L. Harman

Patricia L. Harman is the editor-in-chief of Claims magazine, a contributing editor to PropertyCasualty360.com, and chairs the annual America's Claims Event (ACE), which focuses on providing claims professionals with cutting-edge education and networking opportunities. She covers auto, property & casualty, workers' compensation, fraud, risk and cybersecurity, and is a frequent speaker at insurance industry events. Contact her at [email protected]

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