Furukawa v. Arbella Mutual Insurance

Armstrong, CJ.

Sakyo Furukawa, at the time of the accident a four year old child, ran between parked cars into the street and was struck by a vehicle driven by one Kofman and insured by Trust Insurance Company (Trust). Although police reports and other evidence furnished little proof that Kofman’s driving had been negligent, Trust agreed to cover the damage up to the one-person limit of Kofman’s bodily injury liability insurance ($20,000), conditioned on a release from any further liability claim against Kofman. Sakyo’s actual medical expenses approached $60,000.

The Furukawas’ family car was…