$675,000 Settlement – Discovery of Insurance for tow truck key to resolution of case

Excerpt from Virginia Lawyers Weekly.

March 15, 2010 – This claim arose out of an accident involving a minivan being struck by a flatbed tow truck. The plaintiff, a 14-month old infant, sustained a severe traumatic brain injury, which necessitated multiple hospitalizations and treatment and caused permanent physical and cognitive disabilities. A products liability case was mediated with a confidential settlement.

After resolution of the products liability case, plaintiff’s counsel filed a declaratory judgment action to determine whether there was insurance covering the tow truck at the time of the accident. A commercial tow truck policy had been written insuring the tow truck company; however, the tow truck involved in the accident was not listed on the policy.

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