Silsbee man sues insurer over auto crash

Kelly Holleran Jan. 2, 2012, 10:14am

A Silsbee man claims his insurance company refuses to reimburse him for all of the medical bills he incurred after he sustained injuries in an accident with an under insured driver.

Johnny Johnson filed a lawsuit Nov. 30 in Jefferson County District Court against State Farm Mutual Automobile Insurance Company and Anne Marie-Crone.

In his complaint, Johnson alleges he drove on U.S. 69 when an under insured driver, Damon Paul Allen, fell asleep and struck his vehicle on Jan. 7, 2010. At the time of the accident, Johnson had an insurance policy through State Farm that promised to cover any medical costs he incurred as the result of an accident with an under insured driver, according to the complaint.

Following the collision, Johnson notified State Farm of his injuries and filed a claim with the company, the suit states. However, the insurance company, through the actions of its employee Marie-Crone, refused to consider some of Johnson's medical bills, the complaint says.

In his complaint, Johnson alleges the defendants breached their contract and breached their duty of good faith and fair dealing with him. In addition, they violated the Texas Insurance Code and the Texas Deceptive Trade Practices Act, according to the complaint.

Because of State Farm's refusal to pay his benefits, Johnson claims he sustained mental anguish.

Johnson seeks statutory, actual and punitive damages, plus pre- and post-judgment interest at the highest rate allowed by law, attorneys' fees, costs and other relief the court deems just.

Jonathan C. Juhan and J.J. Bragg of Beaumont will be representing him.

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

Jefferson County District Court case number: E191-403.

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