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Case of the Month April 2015

Insured Receives $300K in UM Benefits

Gagliano v. Integrity Prop. & Cas. Ins. Co.

Case Type:
Insurance - Uninsured/Underinsured

Specific Liability:
Uninsured/Underinsured

General Injury:
Crush Injury - Leg; Skull Fracture; Wrist Fracture; Liver: General Liver Injury

Jurisdiction:
State: Wisconsin
Court: Circuit Court of Wisconsin, Sixth Judicial District, Dodge County.

Related Court Documents:
None.

Case Name:
Gagliano v. Integrity Prop. & Cas. Ins. Co.

Docket/File Number:
2013-CV-000476

Result Amount:
$300,000

Result Date:
May 29, 2014

Judge:
Brian Pfitzinger

Attorneys:
Plaintiff: Robert L. Jaskulski, Habush, Habush & Rottier SC, Milwaukee, WI
Defendant: Ann C. Emmerich, Bell, Moore & Richter SC, Madison, WI

Result Type:
Settlement

Experts:
Plaintiff: Not reported
Defendant: Not reported

Breakdown of Award:
$300,000
Total Compensatory Award: $300,000 Punitive Damages: $0 Hedonic Damages: $0 Property Damages: $0 Interest: $0 Other Damages: $0 Loss of Services: $0 Claimed Past Medical: $450,000 Comparative Negligence Percentage: 0

Summary of Facts:
According to the plaintiff's lawyer, Randy Gagliano, a 53-year-old male motorist, claimed he suffered a lacerated liver, internal injuries, crushed legs, skull fractures and a broken wrist after he was involved in a head-on collision with an uninsured nonparty vehicle. The plaintiff contended defendant Integrity Property & Casualty Insurance Co. had issued him a policy of insurance under which he was entitled to underinsured motorist benefits with a policy limit of $100,000 on three vehicles, and failed to honor the provisions of that policy by failing to provide the full compensation of $300,000. The plaintiff also contended his policy had been renewed two months prior to the collision that included a UIM endorsement with anti-stacking language but the plaintiff claimed he never received notification from the defendant that the policy had been renewed on less favorable terms as required by Wis. Stat. Sec. 631.36(5).

Court: Circuit Court of Wisconsin, Sixth Judicial District, Dodge County.

Westlaw Citation:
2014 WL 7911119