Suit says Farmers won't pay uninsured motorist claim

John Suayan, Galveston Bureau Nov. 10, 2011, 9:44am

GALVESTON - San Leon resident Dung T. Phan is suing Farmers Insurance Group over uninsured motorist benefits, recent court documents say.

According to a lawsuit filed Nov. 2 in Galveston County District Court, Farmers owes Phan for a 2008 automobile collision with a motorist who did not have liability coverage.

The suit states the plaintiff and Harry Pace were involved in a wreck along a stretch of FM 517 on Nov. 11, 2008.

Phan traveled north while Pace moved south on the roadway.

"Harry Pace was observed crossing over into the northbound lane and striking the plaintiff," the original petition says.

"After the impact Harry Pace came to rest in a yard east of the southbound lane. The plaintiff spun to a stop on the northbound shoulder of the roadway."

Phan adds he sustained injuries "as a direct and proximate cause of the accident."

He states he informed the insurer about the incident and his intent to claim under uninsured benefits in a letter dated Nov. 13, 2008.

"The driver responsible for this accident did not have liability coverage," the suit says.

"At the scene of the accident, Harry Pace, failed to provide valid proof of insurance and admitted he did not have any insurance."

The suit states "the injuries sustained by the plaintiff were not the result of intentional acts, but were accidental and caused by the negligence of the uninsured driver."

Attorney Dean Gregory of Houston is representing the plaintiff.

Galveston County 212th District Court Judge Susan Criss is presiding over the case.

Case No. 11-cv-1746

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