Insured suing agent and company for not increasing coverage

Vicky Walton is suing her auto insurance company and agent after finding out the hard way she didn't have the incrased policy limit coverage she thought she did.

Walton filed the civil complaint -- the 350th suit filed in Madison County Circuit Court's Law Division in 2006 -- against State Farm Insurance and agent Robert Diak on April 18.

According to the complaint, Walton claims she requested auto liability limits on her policy be increased from $50,000 per individual ($100,000 limit) to $100,000 per individual ($300,000 limit) on Nov. 16, 2001, and was advised that the limits were increased as requested.

Walton claims that after her involvement in a severe car accident on Oct. 12, 2004, in which she sustained serious injuries and extensive medical treatment, she was advised she nnly had $50,000 worth of coverage instead of the $100,000

She claims the driver at fault was insured with Geico and it settled with her for the driver's policy limit of $20,000 prompting her to notify State Farm that she wanted to make a claim under the underinsured motorist provisions of her policy.

Represented by Joe Brown of Edwardsville, Walton is seeking damages in excess of $50,000 and an order requiring State Farm to reform the policy to indicate that there is $100,000 in liability and underinsured coverage.

She also claims that since State Farm owes her $12,314.12 and has failed to make a payment. She alleges that the delay is vexatious and unreasonable which calls for sanctions to be assessed in the amount of $60,000.

The case has been assigned to Circuit Judge Daniel Stack.

06 L 350