N.Y. Jury Backs Man In Insurance Suit

March 28--A Sloan man who sued his insurance company after suffering injuries in a 2008 car crash was awarded $800,000 by a jury --though he will collect less than that.

A State Supreme Court jury on Monday decided New York Central Insurance Co. should pay Dale Gretch, 57, a former steel worker, $500,000 for past pain and suffering and $300,000 for future pain and suffering.

Attorneys for him and for the insurance company, however, say he will instead receive $475,000, because the award cannot exceed the amount of insurance he purchased.

Gretch had purchased supplemental coverage from New York Central to protect himself should he get into an accident involving an uninsured or under- insured motorist.

A motorist who failed to yield to traffic slammed into Gretch's car on Union Road, near William Street, in Cheektowaga. The other motorist's insurance company paid him $25,000, but his insurance company denied him benefits under his supplemental coverage.

Gretch, who was already disabled before the crash, sued. He was represented by attorneys Howard B. Cohen and Harry J. Forrest in the trial before Justice Paula L. Feroleto.

His neck and shoulder injuries required two surgeries.

"His insurance company never offered him a dime," Forrest said. "They felt his injuries were not related to this accident."

Gretch had a prior back injury, and the insurance company attributed his medical condition to a degenerative condition in place before the 2008 accident, Forrest said.

Gretch's attorneys asked for $750,000 for pain and suffering.

The jury returned a verdict worth $800,000.

Gretch's supplemental coverage, however, provides for $500,000.

"That's all the insurance he paid for," said H. Ward Hamlin Jr., who represented the insurance company.

What's more, $25,000 will be deducted from the award because that's how much he received from the other motorist's insurer, leaving him to collect $475,000 from his insurance company.

Jurors made their award not knowing the extent of Gretch's insurance coverage, Cohen said.

They were told to make an award, based on the evidence, that provided fair compensation, Cohen said.

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