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Are PTSD damages recoverable in an underinsured motorist claim?

The case involves two Connecticut state troopers, who sustained injuries in an accident with a drunk driver.

By Emily Cousins | May 02, 2023 at 01:22 AM
Upset male driver is caught driving under alcohol influence. Man covering his face from police car light. “The way the state drafted … underinsured motorist coverage was not to pay claimants who are state employees twice for the same damages,” said defense counsel David A. Haught, a partner at Cooney, Scully and Dowling. “I think all of tort law should be grounded in the principle that the plaintiff should not be receiving a windfall, and the court is allowing, in this case, a windfall.” (Credit: Paul Biryukov/Shutterstock.com)

The Connecticut Supreme Court reversed in part the appellate court’s judgment in a case involving the recovery of underinsured motorist benefits after an accident involving an intoxicated driver.

The plaintiffs, Connecticut state troopers, filed underinsured-motorist actions against Connecticut. They alleged that they sustained injuries from an accident with William Bowers, the intoxicated driver. They also alleged that their personal insurance and Bowers’ insurance were insufficient compensation, the opinion said.

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