Man seeks compensation for underinsured driver claim

Kelly Holleran Feb. 26, 2010, 8:17am

A Port Arthur man claims his insurance company refused to pay for medical costs he incurred after being involved in an accident with an underinsured driver.

Rodney Roberson filed a lawsuit Feb. 19 in Jefferson County District Court against Allstate, Allstate County Mutual Insurance Co. and Bruce Vest.

Roberson claims he suffered trauma to his head, neck, back and body after a vehicle operated by William W. McCall collided into the back of Roberson's while he sat at a red light on Nov. 14, 2007.

At the time of the accident, Roberson should have been insured by Allstate, and his policy should have provided underinsured motorist coverage, according to the complaint.

After the accident, Roberson notified Allstate of his claim, the suit states. However, Allstate denied his claim, the complaint says.

Because Allstate refused to pay for Roberson's claim, he incurred medical costs, including expenses for an operation he incurred after sustaining central herniations at his C5-C6 during the accident, he claims.

Roberson alleges misrepresentation and fraud, breach of duty to fairly deal and act in good faith and liability under the Texas Insurance Code against Allstate.

Roberson seeks an unspecified judgment and treble damages, plus attorney's fees, pre- and post-judgment interest and other relief the court deems just.

James M. Lassiter and Timothy M. McHale of Lassiter Law Firm in Houston will be representing him.

The case has been assigned to Judge Gary Sanderson, 60th District Court.

Jefferson County District Court case number: B186-079.

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