Insurer says woman's policy not in effect at time of wreck

Kelly Holleran Oct. 10, 2011, 1:32pm

An insurance company has filed a lawsuit against one of its former clients, asking the court to relieve it from any responsibility for paying the woman or defending her in a collision in which she was involved.

Safe Auto Insurance Co. claims it issued an insurance policy to defendant Cindy L. Summers, which was supposed to be effective from April 24, 2009, through Oct. 24, 2009. However, Summers failed to make a monthly payment, and Safe Auto canceled her policy on May 21, 2009, according to the complaint filed Sept. 30 in Jefferson County District Court.

On Aug. 9, 2009, Summers was involved in an accident, the suit states.

Because it had already canceled Summers's policy, Safe Auto is asking the court to declare it free of a duty to defend Summers. In addition, it wants the court to say Safe Auto is not obligated to pay Summers any damages for costs she incurred in the collision.

Jacquelyn Chandler and Matthew G. Rittmayer of Thompson, Coe, Cousins and Irons in Dallas will be representing her.

The case has been assigned to Judge Donald Floyd, 172nd District Court.

Case No. E191-030

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