Insurer claims driver was texting in suit seeking $50K

An insurance company has filed suit against the driver who it claims struck one of its customer’s vehicles after texting while driving, causing the insurance company to pay more than $50,000 to its customer.

State Farm Mutual Automobile Insurance Company claims it was forced to pay Laura L. Kimbro $3,188.45, plus an additional $50,000 in uninsured motorist benefits and $5,000 in medical expenses for costs Kimbro incurred in an Oct. 11, 2011, collision.

Kimbro had been driving a 2004 Hyundai Santa Fe south on Fosterburg Road near its intersection with Stutz Lane on Oct. 11, 2011, when defendant Dante D. Ikerman, who was driving south on the same road, struck her vehicle.

State Farm blames Ikerman for causing the collision, saying he negligently failed to properly control his vehicle, drove too fast, failed to maintain a proper lookout, failed to reduce his speed to avoid a collision, was text messaging while driving and failed to stop when danger was imminent.

In addition to the money it paid Kimbro, State Farm is seeking costs and other relief the court deems just.

Dennis A. Brebner of Yudkin and Brebner in Waukegan will be representing State Farm.

Madison County Circuit Court case number: 13-L-1712.