WHEELING – A man is seeking payment from an insurer after a head-on automobile collision.
Charles Hollibaugh filed a complaint in Ohio Circuit Court against State Farm Mutual Automobile Insurance Co. on Aug. 29 for allegedly failing to provide adequate accident coverage.
On March 19, Hollibaugh alleges, he was involved in a crash with Terry Winkelman, who purportedly fell asleep while operating his vehicle, crossed the double yellow line and struck Hollibaugh head-on. The plaintiff sustained a severe head injury from the crash, he alleges. Winkelman’s insurance provider is State Farm, but the damages sustained by the plaintiff are in excess of his policy limits, the suit alleges. State Farm made an offer to the plaintiff to accept Winkleman’s policy limits, but the plaintiff submitted a request to resolve the matter, which State Farm failed to make an adequate offer for, according to the suit.
The plaintiff claims the defendant breached its duty of good faith and fair dealing and improperly denied the plaintiff’s claim. The defendant continued to act in bad faith by requiring the plaintiff to litigate his rights to coverage, the suit alleges.
The plaintiff is seeking all damages allowed under applicable law, pre- and post-judgment interest and costs, attorneys' fees, and other relief the court deems just and proper. The plaintiff also demands a trial by jury. The plaintiff is represented by Michael G. Simon, Esq. and Kevin M. Pearl, Esq. of Frankovitch, Anetakis, Colantonio & Simon in Weirton.
Ohio Circuit Court Case number 16-C-268