SALT LAKE CITY – Prime Insurance Company obtained a defense verdict on March 5, 2024, in the United States District Court Eastern District of Louisiana.
The claim arose when the insured’s (Omater Trucking, LLC) tractor trailer entered an actively signaling railroad crossing and was struck by a slow-moving 10-car train. The plaintiffs were two brothers, one who was the engineer in the first car of the train that struck the insured’s vehicle, and the other, the conductor, was hanging off a ladder on the train’s last car.
Prime Insurance Company strategically resolved the lower value claim with the plaintiff engineer in the first car. The plaintiff conductor at the rear of the train claimed the impact tore his shoulder requiring surgical repair. Multiple videos of the accident showed that the impact looked more like the train making a very slow and controlled braking than a jarring impact. The plaintiff also had a history of train accidents that hurt his shoulder. Nonetheless, the lowest settlement demand from the plaintiff conductor was $290,000. Prime’s highest pre-trial settlement offer was $100,000. At trial, the conductor asked the jury to award him almost $600,000. The jury agreed with the defendants, however, that the slight impact could not have caused the injuries plaintiff claimed and awarded the conductor zero. The plaintiff owes our insured fees and costs.
Rick J. Lindsey, President, CEO and Chairman of Prime Insurance Company states, “We offered the plaintiff $100,000 pre-trial which the plaintiff refused. Our team was well prepared for a jury trial, and we are very satisfied with the results. Once again this shows our commitment to provide solutions when seeking the right insurance partner and fight for our insureds when an incident, claim or lawsuit occurs.”
Prime Insurance Company is a specialty lines insurance carrier writing business in all 50 states, U.S. Virgin Islands, Guam, and Puerto Rico. Prime is rated “A” (Excellent) by AM Best*. The company provides solutions for property, professional, transportation, recreation, and hundreds of classes in the marketplace. The in-house team of litigators and experts have resolved over 70,000 claims to date.
For more information on Prime Insurance Company, visit www.primeis.com.
https://www.primeis.com/about/litigation-history/
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Contacts
Barbara Malkowski
barbaram@primeis.com
