Policyholder says insurer under paid for under-insured motorist claim

Kelly Holleran Feb. 6, 2012, 6:28am

An Orange County man has filed suit against his insurance company, claiming he is owed additional money for damages he sustained in a car collision.

Gregory Kumm claims he was driving in the southbound turning lane of Highway 73 in Bridge City on Jan. 24, 2011, when David James struck his vehicle head on.

Because of the collision, Kumm sustained injuries, suffered severe pain and discomfort and incurred medical costs, according to the complaint filed Jan. 31 in Jefferson County District Court.

At the time of the collision, Kumm was covered by an insurance policy issued by defendant State Farm. The policy, which insured him for $100,000, included coverage for an accident with an under insured driver, the suit states.

Kumm sought recovery from James's insurance company for the damages he incurred in the collision. James's insurance company, however, reimbursed Kumm only $30,000. His damages exceeded $150,000, the complaint says.

In his complaint, Kumm seeks the remaining money from State Farm because he says James is an under insured driver. He also seeks costs, pre- and post-judgment interest and other relief the court deems just.

Clay Dugas and Mike JacobEllis of Beaumont will be representing him.

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

Case No. E191-850

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