ClickCease Physician v Mercury Insurance | Walkup, Melodia, Kelly & Schoenberger

Physician v Mercury Insurance

In Physician v. Mercury Insurance ( Binding Arbitration, Ins. Code Section 11580.1 ) Spencer J. Pahlke and Sara M. Peters represented a radiation oncologist against Mercury Insurance. In March 2011, the plaintiff was rear-ended at low speed at a busy San Francisco intersection resulting in minimal property damage. The plaintiff hoped she had escaped injury and sought no immediate medical care. In the months thereafter, low-back pain overcame her. The pain forced her to stay home for 6 months to recuperate. After she returned to work, she had ongoing limitations and discomfort which limited her active lifestyle. After a $100,000 policy-limit settlement from the third-party carrier, Spencer and Sara demanded arbitration under a $250,000 UM/UIM policy issued to her by Mercury. . During that litigation, the defense argued aggressively that the plaintiff, its insured, was a liar and exaggerator. Before arbitration, the settlement offer was $25,000. At arbitration, witnesses, including physician colleagues, testified that our client was the last person in the world who would try to avoid work. The arbitrator, in an extensive opinion, concluded the plaintiff was telling the truth—and awarded her $421,389.22.