HOUSTON – An insurance company is suing a competitor, alleging the defendant should pay costs incurred in defending a motorist involved in a crash.

Amerisure Mutual Insurance filed a lawsuit Feb. 22 in the Houston Division of the Southern District of Texas against Home State County Mutual Insurance Company alleging breach of contract and subrogation.

According to the complaint, on May 30, 2014,  Amerisure and Home State’s common client, Precast Erectors, Inc., in a truck driven James Wiggins, was involved in a vehicle crash where a motorist in his private vehicle was seeking $1 million judgment in court.

The suit says Home State issued a personal auto policy to Wiggins and should incur some of the costs that Amerisure and Precast Erectors insurance provide, and has paid out in the lawsuit in connection with the May 2014 crash.

Amerisure Mutual requests Home State pay for all defense costs and expenses that the plaintiff paid out in the defense of Precast’s vehicle crash, as well as attorney fees. It is represented by attorneys R. Brent Cooper and Robert J. Witmeyer of Cooper & Scully PC in Dallas.

Houston Division of the Southern Division of Texas Court Case number 4:15-cv-00216

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