ST. LOUIS – A driver injured in a collision near Perryville alleges she is entitled to $50,000 in benefits from her insurer and it only offered her $25,000.
Ellen McMullin filed a complaint on Jan. 25 in the St. Louis Circuit Court against American Family Mutual Insurance Co. SI alleging breach of contract - underinsured motorist benefits and vexatious refusal to pay.
According to the complaint, the plaintiff alleges that on June 24, 2018, she was traveling north on Missouri Highway 51 near its intersection with North Main Street near Perryville when Thalena Margie Marie Sarnowski, an underinsured driver, entered the intersection causing plaintiff to collide with her vehicle.
The plaintiff alleges she sustained injuries to her neck, cervical spine, spleen and bilateral knees because of the collision. At the time of the incident, the insurance policy issued by defendant to the plaintiff was in full force and effect, which entitled her to $50,000 in underinsured motorist benefits, the suit states.
The plaintiff holds American Family Mutual Insurance Co. SI responsible because the defendant only offered $25,000 of the $50,000 limit and allegedly has failed and refused to pay her the benefits as set forth in the policy because she settled with Sarnowki's insurer for $25,000.
The plaintiff requests a trial by jury and seeks judgment against defendant in an amount exceeding $25,000, plus costs and all other relief deemed appropriate. She is represented by Vincent B. Taormina of The Cagle Law Firm in St. Louis.
St. Louis Circuit Court case number 1922cc00192