Logan man says insurer never resolved claim
Harmon Marks Nov. 20, 2012, 9:38am
MADISON -- Logan County resident Thomas E. Thompson, Jr., thinks his auto insurance provider has never settled his underinsured motorist’s coverage claim relative to a vehicle collision five years ago.
He says he was injured because driver of the other vehicle was clearly responsible for the Sept. 7, 2007, accident. That driver's insurance carrier offered its per-person bodily injury liability limit of $20,000, which Thompson contends didn't cover his accident-related monetary damages. He tendered a demand for underinsured motorist’s coverage from his carrier, Westfield Insurance Co.
Attorney Joel Baker of Madison filed Thompson's case Sept. 27 in Boone Circuit Court demanding jury trial.
Case recalls that Thompson accepted the $20,000 liability offer, thus settling with driver responsible for accident, and "reimbursed the sum of $3,333.33 to Defendant (Westfield)..." as per conditions involving subrogation, according to complaint.
Thompson contends Westfield "under-valuated Plaintiffs damages and offered only $10,000 out of a $100,000 available limit." He has suffered injuries, some permanent, Thompson asserts, with medical bills of some $10,000 and use of personal leave valued at $14,000 that are likely to continue in the future.
"Defendant's failure to properly evaluate and adjust Plaintiffs underinsured claim," suit says, "constitutes breach of contract."
Thompson says he's "entitled to full amount of his damages, as determined by the jury, together with separate awards for aggravation and inconvenience...as well as net economic loss caused by the delay." He seeks recovery of court expenses, plus punitive damages should "jury find actual malice."
Complainant signed Stipulation on Limitation of Damages to not accept an award exceeding $74,500, "inclusive of interest, costs, attorneys' fees, punitive damages, and all relief of any nature..."
Trial date has not been docketed for Judge William S. Thompson.
Boone Circuit Court case number: 12-C-209