WEST VIRGINIA RECORD

CHARLESTON – A Craigsville woman has filed suit against State Farm and her local agent seeking up to $250,000 in payments after a 2003 automobile accident.

In a suit filed in Kanawha Circuit Court, Frances K. Meadows claims she was driving a 1986 Chevy S-10 pickup north on U.S. 19 on Nov. 28, 2003, with her mother Edna G. Meadows as passenger. The truck was hit from behind by a truck driven by James M. Tucker. The Meadows’ truck, owned and insured by Beverly Meadows, was propelled across the roadway, the median, the southbound lanes and into the guardrail.

Frances Meadows suffered multiple injuries, including a fracture of her neck. Her medical bills exceeded $50,000, according to the suit. Frances Meadows also missed substantial time from work.

The suit says she negotiated a partial settlement including a $100,000 payment by State Farm for individual limits of liability on Tucker’s policy.

Frances Meadows also wanted paid $100,000 in underinsured motorist benefits under either her or Beverly Meadows’ policy. State Farm refused to pay either, claiming “anti-stacking” language in Frances Meadows’ policy that precludes payment of $100,000 in UIM coverage limits under either or both policies.

State Farm also refused to pay Frances’ medical bills, the suit claims.

In addition to State Farm, Richwood agent Maria Dooley also is named in the suit.

The suit claims neither Frances nor Beverly Meadows were told underinsured motorist coverage was restricted in any way or that underinsured motorist benefits in policies wouldn’t be available collectively to cover injuries to themselves or passengers.

Frances Meadows is suing State Farm to pay $50,000 in medical bills and up to $200,000 in underinsured motorist benefits to her under her and Beverly’s policies. She also is seeking attorney fees, court costs and payment for annoyance, inconvenience, emotional distress and mental anguish as well as punitive damages.

Kanawha Circuit Court case number: 05-C-2614