Galveston woman sues State Farm over underinsured motorist benefits

John Suayan, Galveston Bureau Dec. 12, 2011, 7:00am


GALVESTON - In an effort to recoup underinsured motorist benefits, Galveston resident Kathryn Lanan is suing State Farm Mutual Automobile Insurance Co.

The lawsuit, filed Nov. 21 in Galveston County Court at Law No. 2, arises from a two-vehicle accident between Lanan and Kermit Jean Devillier on March 10, 2010.
Lanan's spouse, Jerel, is also a plaintiff in the case.

According to the suit, Lanan was driving her 2003 Buick LeSabre along a stretch of Highway 3 in Texas City when "suddenly and without warning" a vehicle driven by Devillier made a left turn in front of the plaintiff and struck her vehicle.

The plaintiff was subsequently transported to nearby Mainland Hospital.

Meanwhile, police cited Devillier for failing to yield the right of way.

According to the original petition, she "has incurred medical bills in excess of $32,000, and continues to have medical treatment at this time."

"Ms. Lanan will need further dental surgery as a result of her injuries," the suit says.

The complainant further asserts the other motorist maintained financial responsibility by way of an automobile insurance policy, but his limits of bodily injury liability coverage were not enough to cover her and her husband's incurred damages.

"Mr. Kermit Devillier's insurance carrier, Allstate Insurance, tendered the limit of her bodily injury liability insurance coverage of $50,000 to the plaintiff, and was accordingly released from any further financial liability arising out of this occurrence," the suit says.

It adds Kathryn Lanan submitted necessary documentation, but "State Farm has refused to tender the underinsured motorist limits in accordance with the demand made by the plaintiffs."

A jury trial is requested.

Attorney Craig Eiland of Galveston is representing the Lanans.

Galveston County Court at Law No. 2 Judge Barbara Roberts is presiding over the case.

Cause No. 66,389

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