PHILADELPHIA – A policyholder who sued both his insurance provider and the Philadelphia Housing Authority after a serious accident sustained four years ago and claimed the provider refused to release $6,000 in settlement funds, has settled that same litigation.
On April 10, a motion filed by plaintiff attorney Steven J. Schatz requested that Philadelphia County Court of Common Pleas Judge Lisette Shirdan-Harris consider the instant matter “settled, discontinued and ended.”
Terms of the settlement were not disclosed.
Jose Santiago of Philadelphia initially filed suit in the Philadelphia County Court of Common Pleas on May 30, 2017 versus the Philadelphia Housing Authority and Housing Authority Risk Retention Group, Inc. of Cheshire, Conn.
Santiago was insured by Housing Authority Risk Retention Group when on April 3, 2014, he was involved in a rear-end collision on University Avenue in Philadelphia and says he suffered serious injuries in the process. Santiago averred the accident was the fault of the other driver, Jacqueline Newborn, covered by Mercury Insurance Company.
Mercury tendered its insurance policy limits of $15,000 on Dec. 11, 2015 and Housing Authority Risk Retention Group, Inc. gave Santiago permission to settle the third-party claim with Mercury on Dec. 30, 2015, per court records.
“On Dec. 15, 2016, defendants, Philadelphia Housing Authority and Housing Authority Risk Retention Group, Inc., offered to settle the underinsured motorist claim with plaintiff for $28,500, including a reimbursement reduction of the worker’s compensation lien to $6,000,” the suit said.
However, since filing the petition to seek the finalization of the release agreement, the plaintiff claimed the defendants had refused to provide a release for the underinsured motorist settlement, a check for the underinsured motorist settlement or proceed with the hearing to approve the reduction of the worker’s compensation lien reimbursement to $6,000.
Prior to settlement and for counts of breach of contract, bad faith and specific performance, the plaintiff was seeking compensatory, expectation, reliance, restitution and consequential damages in an amount in excess of $50,000, plus attorney’s fees, interest, costs and other such relief as the Court deems just and appropriate, in addition to enforcement of the agreement in this matter.
The plaintiff was represented by Schatz of Schatz & Steinberg, in Philadelphia.
The defendants were represented by David P. Bateman of Bateman Caliendo, in Horsham.
Philadelphia County Court of Common Pleas case 170504138
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com