Woman seeks payment for uninsured motorist claim

Kelly Holleran Sep. 20, 2010, 4:17pm

A Beaumont woman seeks punitive damages from her insurance company after she says it refused to pay her claim for damages she incurred in an accident with an uninsured driver.

Debra Davis filed a lawsuit Sept. 9 in Jefferson County District Court against Allstate Fire and Casualty Insurance Company and one of its adjusters, Jay Shive.

Davis claims she applied for benefits equal to the full policy limits of her insurance policy with Allstate after an uninsured driver made an unsafe lane change and struck her vehicle on Oct. 6, 2008.

Although Davis informed Allstate of her serious injuries and the pain and suffering she endured due to the collision, the insurance company and Shive refused to consider some of the medical bills Davis incurred, according to the complaint.

To this day, the insurance company refuses to provide Davis with a settlement she considers reasonable, the suit states.

As a result, Davis lost the benefits of her insurance policy and suffered mental anguish, the complaint says.

In her complaint, Davis says Allstate and Shive breached their contract with her, breached their duty of good faith and fair dealing and violated the Texas Insurance Code and the Texas Deceptive Trade Practices Act.

She seeks statutory, actual, punitive and treble damages, plus pre- and post-judgment interest at the highest rate allowed by law, attorney's fees, costs and other relief to which she may be entitled.

Jonathan C. Juhan of Beaumont will be representing her.

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

Jefferson County District Court case number: B188-085

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