ST. LOUIS – A driver alleges his insurer failed to respond to a written settlement demand to settle a claim.

Brandon A. O'Rourke filed a complaint on March 23 in the St. Louis Circuit Court against USAA Casualty Insurance Co. alleging breach of fiduciary duty.

According to the complaint, the plaintiff alleges that on Aug. 26, 2016, he was involved in a motor vehicle accident in which Rita M. Lewis was injured due to plaintiff's negligence. 

At the time of the accident, the suit states the plaintiff was the named insured under the automobile liability insurance policy issued by the defendant. Lewis allegedly submitted records that she suffered actual damages of more than $12,000. 

The plaintiff holds USAA Casualty Insurance Co. responsible because the defendant allegedly failed and refused to respond to Lewis' settlement demand to "settle her claim against plaintiff for his $25,000 limits of injury liability coverage," the suit states. He alleges as a result of this breach, he entered into a settlement agreement for $60,000, plus court costs.

The plaintiff seeks judgment in favor of Lewis in the sum of more than $60,140.22, plus costs herein expended and all other relief that are appropriate under the circumstances. He is represented by Stephen M. Glassman of The Glassman Law Firm PC in Clayton.

St. Louis Circuit Court case number 1822-CC00587

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