Larry E. Scienski recently defended Allstate Insurance Company in an income continuation benefit claim under the “No Fault” portion of the insured’s policy. The policy contained an unlimited income continuation benefit provision allowing for $700 per week for the duration of the claimant’s life or $750,000.
After initial arguments by Mr. Scienski establishing a ceiling that the benefits could only extend until the claimant’s anticipated retirement age of 65, the claim exposure was reduced from $750,000 to $210,200.00. The exposure was again reduced by $175,000 based upon the argument that the insured had voluntarily removed herself from the workforce and taken early retirement.
Mr. Scienski further defended that there was a lack of medical support for continued income continuation which resulted in the award being reduced to a one-time payment of $18,900.00.