Man sues to recover under-insured driver benefits

Kelly Holleran Feb. 10, 2011, 4:23am

A Beaumont man has filed suit against his insurance company, alleging it has refused to pay him full benefits for injuries he sustained in a collision with an under-insured driver.

Ashraf El-Houbi claims he was injured during a collision that occurred after an under insured motorist failed to control her speed, striking his vehicle on Dec. 2, 2008.

According to the complaint filed Feb. 1 in Jefferson County District Court, El-Houbi suffered severe injuries to his head, left shoulder, neck, back and right leg because of the collision. In addition, he incurred medical costs and experienced extreme physical impairment, physical disfigurement, physical pain, suffering and mental anguish, the suit states.

At the time of the collision, El-Houbi had an insurance policy through defendant Ameriprise Auto and Home Insurance Agency. The policy was supposed to pay benefits if El-Houbi got into a collision with an under insured driver, the complaint says. However, he claims the insurance company has refused to pay full benefits he should have received following the collision.

"Defendant has not attempted in good faith to effectuate a prompt, fair, and equitable settlement of the claim made the basis of this suit," the suit states. "The foregoing conduct violates statutory and common law including the Texas Insurance Code."

In his complaint, El-Houbi is seeking an unspecified judgment, plus interest at the legal rate, costs, punitive and exemplary damages and other relief the court deems just.

Timothy W. Ferguson and Dominic M.V. Braus of Ferguson Firm in Beaumont will be representing him.

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

Case No. A189-296

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