Father sues insurer over damages for deceased son

Kelly Holleran Aug. 3, 2009, 6:00am

The father of a boy killed in a collision with an alleged drunk driver has filed a lawsuit against his insurance company for denying his claim.

Don Bernard states he and his deceased minor son, Joseph Bernard, were involved in an accident with Timothy Marvin on Nov. 18, 2006.

"Timothy Marvin, who was driving a 1993 Ford Ranger truck, failed to control his speed and struck Plaintiff's vehicle," the suit states.

At the time of the accident, Bernard had insurance with USAA County Mutual Insurance Company, according to the complaint filed July 29 in Jefferson County District Court.

The insurance company, however, has refused to pay for damages caused in the accident, even though Marvin was underinsured at the time, the complaint says.

Because of the collision, Bernard claims he sustained physical pain and suffering, mental anguish, physical impairment and disfigurement and incurred medical expenses.

Bernard is seeking an unspecified judgment, plus pre- and post-judgment interest at the highest legal rate, costs, attorney's fees and other relief to which he may be entitled.

He will be represented by Randy L. Yates of Moore Landrey in Beaumont.

The case has been assigned to Judge Milton Shuffield, 136th District Court.

Jefferson County District Court case number: D184-586.

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