Lewis Lerman and Luretha McClendon Tolson obtained a summary judgment for their client, a national auto insurance company in an underinsured motorist case. A few years ago, the plaintiff was involved in an accident with the tortfeasor. Litigation was brought against the tortfeasor, insured by State Farm Mutual Insurance Company, resulting in the plaintiff being awarded over $200,000 which included interest.
The plaintiff then commenced an action against Progressive, our client, under his own policy of insurance where he had limits of $250,000.
We filed a motion for summary judgment based on a theory of collateral estoppel. We argued that the plaintiff had already been paid the full value in his prior suit. We further argued that the plaintiff was collaterally estopped from pursuing this claim for underinsured motorist coverage and Judge Cardani agreed, granting our motion for summary judgment. Plaintiff has filed a motion to reargue, and we have filed an objection to that motion.