FAYETTEVILLE - Progressive Max Insurance Co. is being sued by a former policyholder who claims she is due $50,000 after an accident with an underinsured motorist.

Connie K. Ferguson is the plaintiff against Progressive in a lawsuit filed in Circuit Court of Fayette County July 30.

According to the court document, Ferguson was injured in a Dec. 22, 2010, accident when a vehicle driven by Melissa Underwood, a State Farm Mutual Automobile Insurance Co. policy holder, collided with her 2004 Dodge Stratus near the Summerlee Road exit ramp off U.S. Route 19 in Oak Hill.

Progressive Max Insurance Co. is named as the party defendant as Ferguson settled her claim against Underwood for $25,000, which was the limit of Underwood’s State Farm Mutual Automobile Insurance Co. liability policy.

The suit alleges Progressive consented to such settlement and waived its claim for subrogation against Underwood. Ferguson maintains her damages exceed $75,000, and Progressive offered only $2,500 to settle her underinsured motorist claim.

At the time of the accident, the plaintiff had a policy with Progressive that provided underinsured motorist coverage of up to $50,000 per person and now seeks a judgment in that amount from Progressive plus costs in a jury trial.

Ferguson claims she suffered serious and permanent injuries to her head, neck and shoulder, aggravated pre-existing conditions to her back, experienced mental anguish and emotional distress, and will have a diminished capacity to enjoy life. She says she has had medical expenses in excess of $23,000 and expects to incur more.

Ferguson is represented by Kevin B. Burgess of Hamilton Burgess, Young and Pollard of Fayetteville.

Circuit Court of Fayette County civil action no. 13-C-197.

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