Orange County. Car accident. Mr. Brockmeier was driving his vehicle on a local freeway when another driver made an unsafe lane change and struck Mr. Brockmeier's vehicle. Mr. Brockmeier's vehicle struck the median and then was struck by another vehicle approaching on the freeway. He suffered a head injury, broken ribs, and neck and back pain. He was taken to the local emergency department by ambulance, sought follow up care from his primary care physician, and received several weeks of therapy and pain medication.

There were two auto liability insurance policies that covered this loss totaling $115,000 in global policy limits. Both polices were issued by Farmers Insurance. Despite Farmer's Insurance denying liability, they ultimately tendered the global limits of $115,000 in response to a pre-litigation policy limit settlement demand.