Plaintiffs sue insurer to recoup uninsured motorist claims

Kelly Holleran Oct. 12, 2010, 5:46am

Two people claim their insurance company refuses to pay them for injuries they sustained in an accident with an uninsured motorist.

Michelle Bertrand, as next friend of Timothy Bertrand, and John D. Bertrand filed a lawsuit Oct. 5 in Jefferson County District Court against Kathryn Navarro and USAA Casualty Insurance Co.

The Bertrands allege Navarro caused a collision on Aug. 9, making them sustain physical pain and mental suffering and incur medical costs.

In addition, the Bertrands lost earnings and their earning capacities; suffered physical impairment, disfigurement and emotional distress; and lost their ability to enjoy life, according to the complaint.

In their complaint, the Bertrands blame Navarro for causing the collision, saying she negligently failed to keep a proper lookout, drove too fast, failed to yield the right-of-way, lacked proper control and failed to timely apply her brakes.

At the time of the collision, the Bertrands had an insurance policy through USAA, which included a provision protecting them in case an uninsured driver ever caused a collision with them, the suit states.

However, even though the Bertrands have demanded money from USAA, the insurance company has refused to pay them reasonable benefits, the complaint says.

J. Trenton Bond of Reaud, Morgan and Quinn in Beaumont will be representing them.

The case has been assigned to Judge Bob Wortham, 58th District Court.

Jefferson County District Court case number: A188-533

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