Insurance company suit alleges Texas law prevails in uninsured motorist case

Molly English-Bowers Sep. 16, 2015, 12:48pm


An insurance company is suing two individuals over whether Texas law prevails for the purposes of an uninsured motorist claim.

Metropolitan Lloyds filed a lawsuit June 19 in the Houston Division of the Southern District of Texas against Joseph Neiss individually and as representative of Sheila Neiss.

According to he complaint, Shelia Neiss resided in Houston at the time of the accident in which she was struck while crossing the road Oct. 19 ,2013. The suit says the alleged uninsured driver was, in fact, insured and, as yet, there has been no determination of liability and/or damages as a result of the accident, nor that the driver's auto policy was insufficient to satisfy the defendant's damages.

Meanwhile, the suit says Joseph Neiss has moved to California, and the plaintiff has been notified that he intends to pursue a claim for uninsured/underinsured motorist benefits using the plaintiffs' policy under the laws of the state of California, not Texas. The plaintiff says it intends to pursue the claim under Texas law.

Metropolitan Lloyds seeks a jury trial to determine the liability of the driver and the amount of damages, if any, suffered by the defendants. It also seeks a declaration that Texas law controls the rights and duties of the parties with respect to the auto policy, that the California Insurance Code doesn't apply, a determination of the liability of the driver, the costs of the law suit, and any other relief to which the plaintiff may be entitled. The company is represented by attorney Kelley J. Friedman of Johanson & Fairless in Sugar Land.

Houston Division of the Southern District of Texas case number 4:15-cv-01761.

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