Breach of insurance contract was 'biased' and 'cavalier,' says claimant

Johnny Everage filed suit against American Family Mutual Insurance Company in Madison County Circuit Court May 19, alleging breach of insurance contract.

Represented by Rodney Caffey of the Lakin Law Firm in Wood River, Everage claims he was involved in a collision on Nov. 10, 2006 in Alton which caused him to sustain serious injuries.

According to Everage, at the time of the collision he was insured by American Family against loss and injury.

He claims he provided American Family with prompt notice of the loss and demanded that it pay his losses pursuant to contract.

Everage claims American Family has failed to indemnify him for his medical payments and underinsured motorist claims even though he had fully paid all premiums required by contract.

He also claims that American Family's conduct in failing to pay the underinsured motorist claim was "vexatious and unreasonable" because its attitude toward him and his claim was "cavalier and biased."

Everage also claims American Family's conduct caused him to hire a lawyer to sue in order to recover policy benefits, deprived him of his policy benefits and refused the arbitration of his underinsured motorist claim in bad faith.

He is seeking damages in excess of $50,000, plus attorney fees, costs of the suit and a statutory penalty of $60,000.

The case has been assigned to Andy Matoesian.

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