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Available insurance coverage was $500K – $487,867 Verdict

The plaintiff was involved in an auto accident, suffering a low back injury that resulted in more than $38,000 in medical bills and more than two years of lost wages. The plaintiff’s neurosurgeon recommended an anterior fusion of his low back that would cost approximately $100,000.

Plaintiff sued for $500,000, the total amount of available insurance coverage. The first layer of liability insurance coverage was $25,000. This was an irrevocable offer made under Virginia Code § 38.2-2206(L). The UIM insurer did not participate over the course of the litigation and gave their first and only offer of $175,000 two days prior to trial.

The trial judge awarded the plaintiff $487,867.35, and awarded $11,500 in attorney’s fees for the liability carrier under § 38.2-2206(L).


Type of action: Personal injury – automobile accident
Injuries alleged: Low back injury
Name of case: Hulvey v. Overvold
Court: Spotsylvania County Circuit Court
Case no.: CL12-112
Tried before: Judge
Judge: T.J. Markow
Date: Dec. 4, 2012
Verdict or settlement: Verdict
Amount: $487,867.35
Demand: $500,000
Offer: $25,000 (from liability insurer); $175,000 (from UIM insurer)
Attorney for plaintiff: John D. Ayers, Fredericksburg
Attorney for defendant: Daniel M. Royce, Richmond
Insurance carriers: Grange Mutual Casualty Company (liability); Erie Insurance Company (UIM)
Plaintiff’s expert: Jeffrey Poffenbarger, neurosurgeon, Fredericksburg

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