CHARLESTON – A Kanawha County couple alleges they are entitled to underinsured motorist benefits after the wife was injured in a rear-end collision a few years ago.
Thomas Johnson and Linda Johnson filed a complaint in Kanawha Circuit Court against State Farm Mutual Automobile Insurance Co. seeking declaratory judgment and alleging breach of contract.
According to the complaint, the plaintiffs allege that on Nov. 14, 2012, Linda Johnson was injured when her vehicle was rear-ended in Charleston by Larry Oxley. The suit states she settled her claim with Oxley for the $100,000 policy limits of his automobile liability insurance policy and she later filed an underinsured motorist claim against the defendant.
The suit states the defendant denied the claim on allegations that "the other insurance company liability limits are sufficient."
The plaintiffs hold State Farm Mutual Automobile Insurance Co. responsible because the defendants allegedly failed to honor its insurance policy by refusing to compensate their losses.
The plaintiffs seek an order for defendant to disburse their policy limits, all damages, plus interest, attorney's fees, costs and all other additional relief. They are represented by Michael S. Bailey of Bailey Legal Services PLLC in Barboursville. The case has been assigned to Circuit Judge Jennifer F. Bailey.
Kanawha Circuit Court case number 17-C-1728