Employee seeks under-insured benefits from company's insurer

Andrea Dearden Feb. 14, 2011, 3:30am

A Madison County man is suing his employer's insurance company for allegedly failing to consider a claim after he was hurt while driving a company vehicle.

Spencer K. Flowers filed a lawsuit Jan. 26 in Madison County Circuit Court against Allied Property & Casualty Insurance Company. Flowers' employer, Nebco Steel Erectors Inc., is also named as a defendant in the complaint.

Flowers says he was driving a company truck in August 2002 and was stopped on Illinois Route 162 waiting to make a left turn into the Nebco parking lot. He says a motorcycle rear-ended the car behind him, causing it to crash into the back of Flowers.

Flowers says he settled his personal injury claims with both drivers but says the amount was limited by a limited policy.

Flowers then filed a claim with Nebco's insurance carrier, Allied Property & Casualty, hoping to seek under-insured motorist benefits covered under the policy. He says he was told to wait until his workers' compensation claim was resolved before pursuing the under-insured motorist claim.

Allied allegedly later refused to proceed to arbitration on the matter.

Flowers accuses Allied of a breach of contract and asks the company be compelled to arbitration. He seeks more than $50,000 in damages and court costs.

Attorney Edward J. Szewczyk of Granite City is representing Flowers.

Madison County Circuit Court Case No. 11-L-75

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