We fight for our insureds – Prime Insurance Company wins in jury trial

Plaintiff takes defeat after refusing pre-trial settlement offer

We fight for our insureds – Prime Insurance Company wins in jury trial

Legal Insights

By Terry Gangcuangco

Prime Insurance Company has sealed a legal victory in the Eastern District of Louisiana’s United States District Court, finalizing the proceedings involving a 10-car train.

The claim featured brothers who operated the train that hit a Prime-insured tractor-trailer at a railroad crossing that was signaling actively at the time of the accident. The collision resulted in claims by the duo working on the train: one as an engineer in the lead car and the other as a conductor in the final car.

Prime successfully settled with the engineer, while the conductor claimed to have suffered a shoulder injury requiring surgery.

Despite video evidence suggesting the collision was minor – with the train appearing to brake slowly rather than striking with force – and the conductor’s prior shoulder injuries from previous train accidents, he demanded $290,000 in compensation.

Prime had offered $100,000 before the trial, but the conductor pursued nearly $600,000 in court. The jury, siding with Prime, found the evidence did not support the conductor’s claims of injury from the collision and awarded him nothing, leaving the plaintiff responsible for the legal expenses.

Prime president, chief executive, and chair Rick J. Lindsey expressed satisfaction with the trial’s outcome, stating: “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.”

Prior to the defense verdict in Louisiana, the specialty lines insurance carrier also emerged victorious against frivolous litigations in Maryland and Texas.

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