UIM/UM

Plaintiff brings truck to defendant for repair. Due to a fire of unknown cause, the truck (and a lot of defendant's premises) are destroyed. Plaintiff submits his claim for damages including loss of use, lost earnings, and personal property destroyed to defendant's insurer. While negotiating those claims with the carrier, plaintiff asks to be reimbursed for the repair cost of the truck that he had paid defendant. Carrier plaintiff that reimbursement is not covered by their policy and advises Pltff. to take up the reimbursement issue directly with defendant. Plaintiff does so. Defendant agrees to reimburse plaintiff for the repair of the now destroyed truck. Defendant has plaintiff sign a full release in exchange for that money, then carrier and defendant claim that that release relieved them from all of plaintiff's claims. Plaintiff here sues for breach of contract, negligence, inter alia.

Judge Rosen has handled several arbitrations of these matters, both as a practicing attorney and as a neutral. Values have ranged from five to six figures.