Insurance company refuses to pay for damages caused during collision

Kelly Holleran Feb. 4, 2013, 12:15pm

A woman claims her insurance company refuses to pay her the proper proceeds for damages she allegedly sustained during a collision. 

Kimberly Larrocha filed a lawsuit Jan. 17 in Jefferson County District Court against USAA General Indemnity Co.

In her complaint, Larrocha alleges she sustained injuries in a collision on July 4. At the time of the collision, USAA had issued Larrocha insurance coverage that was supposed to pay her personal injury damages or to pay her money if she was involved in a collision with an uninsured or underinsured driver, according to the complaint.

Following the collision, Larrocha submitted bills totaling $2,515. She incurred costs totaling $5,355, the suit states. However, USAA failed to repay her the costs, the complaint says.

Larrocha alleges breach of contract, breach of a common law duty to use good faith and violation of the Prompt Payment of Claims Act against USAA.

In her complaint, Larrocha seeks a judgment for actual damages, plus pre- and post-judgment interest at the legal rate and other relief the court deems just.

John A. Carwile of The Law Offices of John A. Carwile in Houston will be representing her.

Judge Bob Wortham, 58th District Court, has been assigned to the case.

Case No. A193-829

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