After wreck with big rig, man says insurer failed to pay claim

John Suayan, Galveston Bureau Feb. 22, 2011, 4:00am

GALVESTON - A Galveston County man has filed suit against his insurer, claiming it did not honor his underinsured motorist coverage.

In a suit filed Feb. 14 in Galveston County District Court against Texas County Mutual Insurance Co., Dennis E. Kroll states he filed a claim after he was involved in a multi-vehicle accident.

According to the original petition, Kroll was stopped for traffic on Interstate 45 North on the morning of Nov. 23, 2009, when his 2004 Ford F150 was rear-ended by a tractor trailer rig. The suit states the rig driver, who is referred to only as "Jones" in the petition, was speeding at the time of the collision.

"Defendant Jones negligently collided his 2009 Peterbilt tractor into the rear of plaintiff Kroll's stopped vehicle at such a high rate of speed that plaintiff Kroll's driver's seat belt broke loose," the original petition says.

The suit states the hit then caused Kroll to collide with the vehicle in front of him, which injured his neck, left leg and both shoulders. According to the suit, Peterbilt's driver was underinsured.

"Thereafter, defendant Farmers made a request for additional information and documents to which plaintiff Kroll fully and timely responded to enable defendant Farmers to secure final proof of loss for plaintiff Kroll's claim," the suit says.

"To date, defendant Farmers refused to pay the damages plaintiff Kroll is entitled to recover from negligent driver Jones for the bodily injuries... despite being provided proof of claim, medical reports, information and other documents reasonably necessary to evaluate plaintiff Kroll's claim."

Kroll claims he incurred more than $200,000 in damages because of the incident.

Attorneys Thomas Lee Bartlett of Houston and Gregory Alexander of Webster are representing him.

The case has been assigned to Galveston County 212th District Court Judge Susan Criss.

  • Case No. 11-cv-0220

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