Estate of Charles Alvin Milstead v. Anonymous defendant

Estate of Charles Alvin Milstead v. Anonymous defendant

RANDOLPH COUNTY SETTLEMENT OF $3,060,000

Alvin Milstead was killed in a collision with an intoxicated, underinsured motorist. The intoxicated motorist, who had a blood alcohol content of 0.24, was on the wrong side of the road and struck Alvin head-on. The intoxicated motorist was killed in the collision and his insurance carrier paid the policy limits of $20,000 even though there was a coverage issue related to the vehicle that the intoxicated motorist was operating at the time of the collision. Mr. Milstead and his wife were personally insured and their underinsured insurance carrier paid their policy limits of $40,000. At the time of his death, Mr. Milstead was operating a truck that was owned by his employer. The truck was covered by a commercial general liability policy, which provided an underinsured motorist benefit of $1,000,000. Pursuant to Alabama statute and case law, the attorneys were able to convince the commercial carrier that the $1,000,000 underinsured benefit could be stacked to provide a total benefit of $3,000,000 to Mr. Milstead’s estate. The commercial carrier tendered the entire amount of underinsured motorist benefits, which exhausted all possible insurance coverages.

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