Client was injured in an automobile accident when struck by another vehicle while he was stopped at a stop sign. He suffered a herniated lumbar disc requiring surgery. A claim against the driver of the vehicle who struck him was settled for the driver’s policy limit of $50,000 and an Underinsured Motorist claim for Client’s policy limit of $200,000 was made against his insurance company, which refused to pay based on the assertion that Client had previous surgery for a herniated disc. A lawsuit was filed in Federal Court seeking Underinsured Motorist benefits and Damages for Bad Faith. Prior to trial the insurance company agreed to pay its policy limit of $200,000.