Kelly Holleran May 15, 2013, 8:29am

A man claims his insurance company refuses to pay him for damages he sustained in a collision with an underinsured driver.

Robert Cunningham filed a lawsuit May 9 in Madison County Circuit Court against Auto-Owners Insurance Company.

In his complaint, Cunningham claims he filed an insurance claim for damages he sustained in a collision on May 12, 2011, at about 1 p.m. An underinsured driver had collided with Cunningham’s 2000 Ford Ranger, causing him to sustain neck, head and body injuries, according to the complaint.

According to the insurance policy, Cunningham should have received up to $250,000 for injuries he sustained. However, Cunningham’s insurance, Auto-Owners Insurance Company, failed to pay him the benefits he was entitled under his policy, the suit states. It also failed to agree to arbitration or to name an arbitrator for him, the complaint says.

In his complaint, Cunningham seeks a judgment of more than $100,000, plus costs and damages of $60,000 or 6 percent of the amount the court finds Cunningham is entitled to receive because of the insurance company’s refusal to pay.

He also is asking the court to name Tom Falb as his arbitrator.

Samuel A. Mormino Jr. of Mormino, Velloff and Snider in Alton will be representing him.

Madison County Circuit Court case number: 13-L-731.


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