HOUSTON – A La Porte man claims Old Republic Insurance Co. has refused to pay all of his auto accident claim after an incident with an underinsured driver.
Gregory Morgan also named in the complaint Rental Insurance Services Inc. (RIS) and Danielle Haehn, a RIS agent. Among the claims in the complaint are: breach of contract, intentional infliction of emotional distress, pain and suffering, past and future medical anguish, past and future impairment, breach of fiduciary duty (as to Republic), Chapter 542 Texas Insurance Code, and breach of the duty of good faith and fair dealing.
According to the complaint, which was filed in the District Court of Harris County on March 10, on March 11, 2015, Morgan was involved in an automobile accident with Devin Banks on Fry Road in Harris County. Banks was turning left and collided with Morgan and was cited for failure to yield, but Banks is not named in Morgan's suit.
Morgan’s employer had a policy with Republic Insurance. The complaint states that Banks didn’t have enough insurance to cover the medical costs associated with Morgan’s injury.
As a result, the complaint states: “Republic instituted a conscious and intentional scheme and artifice to deny the full benefits of uninsured/underinsured motorists coverage to plaintiff and delay and withhold payment of compensation under the uninsured/underinsured motorists coverage. Republic refused to pay all uninsured or underinsured claims made by plaintiff.”
Morgan claims he is due payments from Republic not only for medical expenses but for future pain and suffering and impairment.
An offer of settlement was made to Morgan by all the defendants but was not made in writing in a timely manner and “defendant’s conduct constitutes a violation of the Texas Insurance Code, Unfair Settlement Practices. TEX INS CODE §541.060 (a)(2)(A)” the complaint states.
As a result of the actions of the defendants, Morgan alleges, he should be compensated for medical expenses, pain and suffering, physical disfigurement, mental anguish, and loss of earning capacity. Additionally, “for violations of the Deceptive Trade Practices Act, Plaintiff is entitled to economic damages and mental anguish, along with attorney’s fees, interest, and court costs. For knowing conduct of the acts described above, plaintiff asks for three times his actual damages,” the complaint says. Monetary damages asked for exceed $100,000.
The plaintiff is represented by Houston attorney Jared B. Yñigez.