American Family sued over under-insured claim

Kelly Holleran May 26, 2009, 4:16am

Michael Davis has filed suit against American Family Insurance Company, alleging he was not paid for injuries he sustained in a May 17, 2007, accident.

Davis claims he was driving a motorcycle on U.S. Route 40 at its intersection with South First Street in Brownstown when Erma Hall, who was preparing to turn south onto South First Street from Route 40, pulled in front of him and caused the collision.

Because of the collision, Davis says he incurred medical expenses of $21,607.83, experienced pain and suffering and lost his normal life. According to the complaint filed May 13 in Madison County Circuit Court, Davis also suffered disability and faces an increased risk of future harm.

Hall failed to yield the right-of-way to Davis, and even pled guilty to the offense, the suit states.

At the time of the collision, Hall owned an insurance policy with a total per person coverage of $50,000, the complaint says.

Davis claims he had an insurance policy with American Family Insurance Company, which contains underinsured motorist coverage to pay compensatory damages.

Because Davis sustained injuries of more than $50,000, which is the maximum amount of money Hall's insurance would provide, Davis contends American Family should reimburse him the extra damages he incurred.

Davis is seeking a judgment in excess of $50,000, plus costs and other relief to which he is entitled.

He is represented by Stephen B. Evans of Evans Partnership in St. Louis.

Madison County Circuit Court case number: 09-L-490.

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