Woman says insurer refused to pay benefits

WAYNE - A woman is suing Government Employees Insurance Company for failing to pay her uninsured motorist benefits after she was involved in an accident.

On May 12, at the intersection of Burlington Road and Waverly Road, Jessica Mooney, an uninsured driver, negligently and carelessly operated a vehicle owned by Tina Mooney and caused it to collide with a vehicle operated by Rebecca Fagan in which Wesley Fitch, her minor child, was a passenger, according to a complaint filed March 8 in Wayne Circuit Court.

Fagan claims she and her son suffered serious and permanent personal injuries and damages and incurred hospital and medical expenses.

At the time of the collision, the Mooney vehicle was uninsured in that the vehicle's insurance coverage policy with Motorist Mutual Insurance had previously lapsed on Jan. 30, 2012, due to non-payment of the premium, according to the suit.

Fagan claims her vehicle was covered by uninsured motorist insurance by the defendant in the amount of $25,000 per person and $50,000 per accident.

At the time of the accident, the policy was in effect and the defendant's refusal to pay uninsured motorist benefits is a breach of contract, according to the suit.

Fagan is seeking compensatory damages with pre- and post-judgment interest. She is being represented by Kenneth P. Hicks.

The case has been assigned to Darrell Pratt.

Wayne Circuit Court case number: 13-C-038