Insurer says plaintiff has not fulfilled conditions for underinsured motorist claim

John Suayan, Galveston Bureau Oct. 10, 2011, 11:30am

GALVESTON - An insurer and one of its adjusters have provided a formal response to a San Leon resident's lawsuit against them.

Government Employees Insurance Co. and Michael Schmidt assert that Robert G. Lacouture has failed to fulfill the conditions for bringing an underinsured motorist claim, according to the four-page original answer filed Oct. 3 before the Galveston County 405th District Court.

Lacouture sued the defendants in August, claiming they failed to properly and promptly compensate him for his wreck with Dana Marie Barrera on Sept. 5, 2010.

His suit says Barrera was on a cell phone and ran a red light and struck his vehicle.

The original petition further explains that Barrera's insurance company tendered her policy limits to the plaintiff, but the compensation was insufficient.

The plaintiff had underinsured motorist insurance coverage totaling up to $100,000 with the respondent, but did not receive any timely payment, it states.

Schmidt is a co-defendant in the case since he handled Lacouture's claim.

The respondents argue that the complainant "has failed to establish that he is legally entitled to recover damages from the owner or operator of an underinsured motor vehicle because of bodily injury sustained by him caused by an accident."

They reserve the right to amend their response, the document says.

Attorney Phillip C. Summers of Houston is representing the defendants.

Case No. 11-cv-1370

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