A motor vehicle accident which was disputed by the other driver for two years until a few months before jury selection was set to commence was then settled for their policy limit of $50,000. Thereafter, the client's own insurance company who had also been sued for the excess policy benefits which she had purchased beyond the limited liability policy available from the person who caused the accident(known as underinsured motorist insurance coverage) refused to tender that coverage benefit. Instead this company, Progressive Casualty Insurance Co., took the position that their insured had been paid nearly enough and made miserly offers which they kept increasing even during jury selection.

Finally, at the conclusion of jury selection Defense Counsel asked if the Plaintiff would shave even a little off the policy benefit demanded which In our view was likely to be awarded by a jury in any event. The Plaintiff resisted and the insurance company tendered the balance of the full $50,000 remaining more that quadrupuling their inital offer made just weeks before and the case settled prior to the start of Trial. Total recovery was the policy limit for both coverages of $100,000. New Britain CT (2010).

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