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SOUTHEAST TEXAS RECORD

Friday, April 19, 2024

Woman says State Farm didn't fully compensate her after wreck

A woman is suing over claims she was not fully compensated by her automobile insurance company after a collision.

Rosemarie Hall filed a lawsuit Oct. 7 in Jefferson County District Court against , citing breach of contract.

According to the complaint, Hall was injured in a collision on Interstate Highway 10 on May 29, 2013, when her vehicle was rear-ended by another driver. Hall says she had a policy of no-fault insurance with personal injury benefits in the amount of $10,000 with State Farm and submitted her claim June 26, along with medical records and bills. The complaint states State Farm acknowledged receiving the claim, but Hall's attorney resent it on July 22, and the demand was, by law, set to expire and become due and owing on July 27. Hall says she again requested payment Aug. 14 but State Farm requested medical records from Memorial MRI & Diagnostic on Aug. 18, even though State Farm already had been provided these records in its possession.

The lawsuit states State Farm made late, partial payment in the amount of $2,625, and Hall again requested full payment Sept. 5. Hall says that on Sept. 9, her attorney again spoke with the defendant, which requested she resubmit medical record and bills, and she did so, even though State Farm already had these documents. The complaint states Hall made a final attempt to collect her insurance benefits Sept. 22 before filing suit. The defendant is accused of breach of contract, noncompliance with Texas Insurance Code: the prompt payment of claims, and breach of the duty of good faith and fair dealing.

Hall seeks actual, punitive and statutory damages, lost insurance benefits totaling $7,375, a 12 percent penalty and attorney fees. She is represented by attorney John Pat Parsons of Lindsay, Lindsay & Parsons in Beaumont.

Jefferson County District Court case number: B-196200.

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