The Madison County Record Apr. 30, 2015, 9:48am


Two people injured in a motorcycle accident have sued an insurance carrier, alleging failure to pay their claim.

Antonio Buffo and Melissa Flowers filed a lawsuit April 6 in Madison County Circuit Court against State Farm Insurance Co. and Charlotte Charbonnier, a State Farm agent.

According to the complaint, on June 2, 2013, Buffo was driving his Harley Davidson motorcycle, with Flowers as a passenger, when David Dillard ran into the back of Buffo with his motorcycle and both plaintiffs sustained "serious bodily injury."

Each plaintiff received $150,000 from a claim on Dillard's Geico Insurance Co. policy, however, Buffo was insured for $250,000 per claimant and $500,000 per occurrence through State Farm at the time, the suit states.

"Both plaintiffs maintain each is entitled to under-insured motorist benefits from State Farm because the amount they actually received [$150,000] is less than the limits for Buffo's under-insured motorist coverage [$250,000]," the lawsuit states. "Although requested to do so, State Farm has refused to submit to arbitration or otherwise settle the plaintiffs' claims."

The plaintiffs are represented by attorney Lanny Darr, of Schrempf, Kelly, Napp and Darr in Alton.

Madison County Circuit Court case number: 15-L-440.

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