Woman sues insurance firm alleging nonpayment of benefits

Carol Ostrow Apr. 20, 2015, 9:01am


HOUSTON – A Harris County consumer is suing a Jefferson County business, alleging breach of duty in 2013.

Constance Kemp filed a complaint against Progressive County Mutual Insurance Co., in Jefferson County District Court on April 8, claiming liability in a May 2013 incident.

The plaintiff cites personal injuries sustained in an automobile accident on or about May 16, 2013. According to court documents, Joseph Whitaker was an under-insured motorist who allegedly caused Kemp severe, painful and disabling injuries as a result of a collision.

The lawsuit states that Whitaker failed to maintain control of his vehicle, keep a proper lookout, apply his brakes properly, and drive safely and attentively. Kemp cites hospital and medical expenses in her claim along with physical pain and suffering, mental anguish, disfigurement, property damage and physical impairment.

Alleging that Progressive has failed to reimburse her, Kemp intends to show that she is entitled to recover insurance benefits from the defendant; that her policy specifically covers incidents of uninsured or under-insured motorists, as well as personal injury protection, bodily injury liability, property damage liability, and costs associated with rental for loss of vehicle use.

The plaintiff seeks: undisclosed exemplary and actual damages; pre- and post-judgment interest; attorney’s fees; expenses; and costs. Kemp is represented by James Payne, Ronnie Turner Jr. and Jennifer Job of Provost Umphrey Law Firm in Beaumont.

Jefferson County District Court case no. D-196974.

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