Under-insured motorist coverage subject of lawsuit

Kelly Holleran Oct. 18, 2010, 8:24am

A Jefferson County woman has filed suit against her insurance company, alleging it refuses to pay her for injuries she incurred in a collision with an under-insured driver.

Teodora Soriano claims she was driving in Jefferson County on Nov. 2, 2009, when defendant Amy C. Murphy struck her vehicle.

Because of the collision, Soriano experienced physical pain, mental suffering, impairment, disfigurement and emotional distress and incurred medical costs, according to the complaint filed Oct. 7 in Jefferson County District Court. In addition, she lost earnings and her earning capacity and lost her ability to enjoy life, the suit states.

At the time of the collision, Soriano had insurance coverage through defendant Allstate Fire Casualty Insurance Company, which was supposed to provide protection if Soriano got into a collision with an underinsured driver, the complaint says. However, the company refuses to repay her for costs she incurred related to the collision, she claims.

Soriano says she is not to blame for the collision, alleging Murphy negligently failed to keep a proper lookout, drove too fast, failed to yield the right-of-way, lacked proper control and failed to properly apply her brakes.

In her complaint, Soriano seeks a judgment in excess of the minimum jurisdictional limits of Jefferson District Court, plus pre- and post-judgment interst, costs and other relief the court deems just.

John Werner of Reaud, Morgan and Quinn in Beaumont will be representing her.

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

Jefferson County District Court case number: D188-552

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