Woman sues insurer over wreck proceeds

Kelly Holleran Jun. 28, 2011, 3:48am

A woman has filed suit against the insurance company that she claims refuses to pay her for damages she sustained in an automobile collision.

Claire Ducote claims she was riding in a vehicle Terry Savoy was driving in Port Arthur on June 23, 2009, when Rebecca Johnson failed to obey a stop sign and struck the vehicle.

Because of the collision, Ducote sustained serious injuries, according to the complaint filed June 9 in Jefferson County District Court.

At the time of the collision, Savoy had insurance with defendant Farmers Texas County Mutual Insurance Company. The policy supposedly provided a provision for under insured motorists -- if Savoy happened to get into an accident with an under insured driver, Farmers agreed to pay damages, the suit states.

After the June 23 collision, Ducote contacted Savoy's insurance company in an attempt to collect full benefits under the policy, the complaint says. She talked to Farmers' adjuster, defendant Cheryl Kainer, but Kainer refused to consider repaying Ducote for some of the medical bills she submitted, Ducote claims.

In her complaint, Ducote alleges breach of contract, breach of the duty of good faith and fair dealing, violations of the Texas Insurance Code and violation of the Texas Deceptive Trade Practices Act.

Ducote is seeking statutory, actual and punitive damages, plus pre- and post-judgment interest at the maximum rate allowed by law, treble damages, attorney's fees, costs and other relief the court deems just.

She will be represented by Jonathan C. Juhan of Beaumont.

Case No. D190-234

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