Illinois Farmers sued after under-insured offer rejected

Kelly Holleran Apr. 14, 2011, 3:20am

The mother of a minor boy claims an insurance company refuses to reimburse her for damages her son sustained during a collision.

Dustin L. Rutz's mother, Jennifer Rutz, filed a lawsuit April 7 in Madison County Circuit Court against Illinois Farmers Insurance Company.

In her complaint, Jennifer Rutz alleges she had an insurance policy through Illinois Farmers on Dec. 13, 2006, when a driver crashed into her vehicle. At the time of the collision, minor Dustin L. Rutz rode as a passenger, according to the complaint.

Zeliff held an insurance policy at the time of the collision, also, but the Rutzes' damages exceeded Zeliff's policy limits. Because the Rutzes' insurance policy contained a clause for under insured driver benefits, the Rutzes attempted to collect the extra damages from their insurance company, the suit states.

The Rutzes and Illinois Farmers entered into arbitration on March 14, but the Rutzes have elected to reject the permanent disability and disfigurement offered, the complaint says.

In their current complaint, they seek a judgment of more than $50,000, plus costs.

Thomas E. Fagan of Wuestling and James in St. Louis will be representing Jennifer Rutz.

Madison County Circuit Court case number: 11-L-331.

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