The Boynton personal injury lawyers at Senior Justice Law Firm recently filed an automobile negligence claim against our client’s UM insurer, State Farm. In this case, our client was rear ended by an under-insured driver who only had $25,000 in bodily injury coverage. Our client’s damages far exceed this limited coverage on the at-fault driver’s vehicle.
Luckily, our client purchased UM insurance from State Farm, just in case she was hurt by an under-insured driver. When our client demanded that State Farm tender its UM policy limits, the insurance company wrongfully refused. As a result, the below Under Insured Motorist lawsuit was filed.
More questions on a under insured claim against your UM insurance carrier? Contact our lawyers today at 561-717-0817.
Filed Complaint against UM Carrier, State Farm, for Under Insured Motorist Coverage
IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR PALM BEACH COUNTY
CASE NO.:
MICHELLE PEARCY,
Plaintiff,
vs.
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY,
Defendant.
_____________________________________/
UNDER-INSURED MOTORIST COMPLAINT AGAINST STATE FARM
COMES NOW the Plaintiff, MICHELLE PEARCY, by and through their undersigned attorneys, and sue the Defendant, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (hereinafter ‘STATE FARM INSURANCE’), a corporation, and say:
GENERAL ALLEGATIONS
1. This is an action for damages in excess of the sum of Fifteenth Thousand Dollars ($15,000.00), exclusive of interest, attorneys’ fees and costs.
2. At all times material hereto, Plaintiff, MICHELLE PEARCY, was an adult resident of Palm Beach County, Florida.
3. At all times material hereto, the Defendant, STATE FARM INSURANCE, was a corporation, duly licensed and authorized, and it maintained offices, issued policies, investigated losses, and transacted business within Palm Beach County, Florida, and insured motor vehicles, including the subject vehicle, that traveled throughout the roads of Palm Beach County, Florida.
4. At all times material hereto, the Defendant, STATE FARM INSURANCE, issued and sold an Underinsured Motorist (UM) policy to Plaintiff, MICHELLE PEARCY, in Palm Beach County, Florida.
5. At all times material hereto, MICHELLE PEARCY, owned and operated a 2015 Lexus IS 250 with bodily injury and property damage insurance provided by STATE FARM INSURANCE.
6. MICHELLE PEARCY also paid a premium to purchase an additional Underinsured Motorist policy with limits of $100,000/$300,000 from STATE FARM INSURANCE, just in case she was injured by an underinsured driver.
7. On or about April 6, 2016, MICHELLE PEARCY was driving her Lexus IS on the Florida Turnpike in Miami Gardens.
8. At that time and place, Fredericka Rena Jackson, operated her 4 door Toyota Camry in a negligent manner on the Florida Turnpike, when Ms. Jackson suddenly and without warning, rear ended MICHELLE PEARCY’s car, causing Plaintiff to sustain serious and permanent injuries, damage and losses as a proximate result thereof.
9. As a direct and proximate result of the aforesaid negligence, Plaintiff, MICHELLE PEARCY, was injured in and about their body, their earning capacity was lost or diminished, they incurred medical expenses, suffered aggravation of pre-existing injuries or illnesses, were disabled, may be disfigured by surgery, suffered mental anguish, pain and suffering, incurred a loss of the capacity for the enjoyment of life, and their injuries are permanent within a reasonable degree of medical probability, and said injuries, damages, expenses and losses shall continue on permanently into the future.
10. Unfortunately, Fredericka Rena Jackson was underinsured for the damages she caused. Ms. Jackson only has a $25,000 in Bodily Injury coverage through Infinity Insurance.
COUNT I – PEARCY VS. STATE FARM INSURANCE
11. Plaintiff incorporates by reference herein all of the allegations, averments and facts set forth in the General Allegations, above, as if fully rewritten herein.
12. This is an action for damages based on the underinsured motorist claim of the Plaintiff, MICHELLE PEARCY, against their insurance company, STATE FARM INSURANCE.
13. At all times material hereto, Defendant, STATE FARM INSURANCE, issued its policies of insurance to and for the benefit of the Plaintiff, with UM policy limits of $100,000/$300,000, and said coverage inures to the benefit of the Plaintiff.
14. On 8/21/2017, Plaintiff requested waiver of subrogation from STATE FARM INSURANCE and demanded STATE FARM INSURANCE tender its limited UM policy. Plaintiff also demanded Ms. Jackson’s insurer, Infinity, tender its limited BI policy of $25,000.
15. In light of Ms. Pearcy’s injuries, Infinity Insurance promptly tendered its minimal liability policy limits of $25,000 on 9/7/2017.
16. Plaintiff followed up with STATE FARM INSURANCE to waive its subrogation rights.
17. On or about 10/17/17, Defendant, STATE FARM INSURANCE, agreed to waive its subrogation rights.
18. STATE FARM INSURANCE still has not tendered its limited UM policy that covers MICHELLE PEARCY’s losses. As a result, a Civil Remedy Notice was filed against STATE FARM INSURANCE on 10/11/2017 with the State of Florida Department of Financial Services.
19. Defendant, STATE FARM INSURANCE, has not, and continues to not act in good faith to settle this claim when it could and should have done so and continues to not act fairly and honestly toward its insured, MICHELLE PEARCY, and with due regard for their interest. Such conduct constitutes bad faith if not remedied within the 60-day period to resolve the claim, and F.S. §624.155 provides that, if not remedied within the statutory time period, upon adverse adjudication at trial or upon appeal, the insurer, STATE FARM INSURANCE, shall be liable for damages, together with court costs and reasonable attorneys’ fees incurred by the Plaintiffs.
20. Plaintiff has complied with all of the policy provisions and all reasonable requests made by the Defendant.
21. Since the Plaintiff’s damages, losses and injuries greatly exceed the limited UM policy limits, the underinsured motorist claim against their insurance carrier, STATE FARM INSURANCE, is herewith brought.
WHEREFORE, the Plaintiff, MICHELLE PEARCY, demands judgment for damages, costs, attorneys’ fees and any other relief against the Defendant, STATE FARM INSURANCE, and further demands a trial by jury of all issues so triable.
DATED this 14th day of November, 2017.
/s/ Michael J. Brevda
Michael J. Brevda
Florida Bar No.: 084048
Senior Justice Law Firm
1903 S. Congress Ave. Suite 380
Boynton Beach, Florida 33426
Phone: (561) 717-0817
Fax:(561) 708-6781
www.SeniorJustice.com
Email: eservice@SeniorJustice.com
