Couple alleges insurer won't cover underinsured motorist claim

By Kelly Holleran | Feb 1, 2010

A Jefferson County man and his wife have filed suit against Farmers Texas County Mutual Insurance Co. and Robert M. Stiles, alleging the insurer has refused to cover injuries sustained in an auto collision with Stiles.

John R. Shively and Tempie Shively claim they were in a wreck with Stiles on Dec. 10, 2008, which caused them to sustain severe and permanent injuries.

The Shivelys do not specify how the incident occurred, but blame it on Stiles, who they say failed to keep a proper lookout, drove too fast, lacked proper control and failed to timely apply his brakes.

According to the complaint filed Jan. 26, because of the collision, John and Tempie Shively suffered physical pain, physical impairment, physical disfigurement and emotional distress. In addition, they incurred medical costs, lost earnings and lost their ability to enjoy life, the suit states.

The Shivelys claim the policy they had with Farmers at the time included a provision for certain benefits if they were ever struck by an underinsured motorist, according to the complaint.

But, despite the Shivelys' demands that Farmers pay their claim, the insurance company refuses to do so, the plaintiffs allege.

In their complaint, the Shivelys seek actual damages, plus pre- and post-judgment interest, costs and other relief the court deems just.

John Werner of Reaud, Morgan and Quinn in Beaumont will be representing them.

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

Jefferson County District Court case number: E185-805.

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