Woman sues insurance company for wreck benefits

Kelly Holleran Nov. 28, 2011, 11:59am

A Jefferson County woman claims her insurance company refused to pay her adequate benefits she should have received following a collision.

Rachael D. Durgan filed a lawsuit Nov. 18 in Jefferson County District Court against Metlife Auto and Home, also known as Metlife Property and Casualty Insurance Co., also known as Metropolitan Property and Casualty Insurance Co.

In her complaint, Durgan alleges she was driving east on Interstate 10 on Jan. 29, 2010, when she had to stop for traffic. Suddenly, the vehicle behind her, which was being driven by Jonathan K. Guthrie, failed to control its speed and rear-ended her vehicle, according to the complaint.

Because of the collision, Durgan incurred medical costs, experienced physical pain and suffering and sustained physical impairment, the suit states. In addition, she experienced mental anguish, the complaint says.

At the time of the collision, Guthrie had no automobile insurance. In turn, Durgan alleges she filed a claim with her insurance company, Metlife, which should have provided benefits to her. In the lawsuit, Durgan seeks those benefits to which she claims she is entitled.

She also seeks a judgment of more than $100,000, plus compensatory, punitive and exemplary damages, pre-judgment interest at the highest rate allowed by law, post-judgment interest at the legal rate, costs and other relief the court deems just.

Juan R. Zamora of Zamora Law Firm in San Antonio will be representing her.

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

Case No. E191-373

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