In late May 2011, a Rockford man was involved in a moderate rear-end accident. He had one day of treatment at an immediate care facility for minor aches and pains. About six weeks later, he developed spots in his vision and had emergency surgery to repair a detached retina. The insurance company denied that the eye injury was caused by his accident due to the lapse in time before the injury appeared.

Hupy and Abraham demanded the insurance company tender its $25,000 policy limits. The insurance company made an insulting offer of less than $500, which was immediately rejected and prompted a lawsuit. After litigating the matter for some time, the insurance company surrendered the $25,000. Attorney Vito Manicioto also secured $75,000 from his client's underinsured motorist coverage policy, which increased his recovery to $100,000.