Madison - St. Clair Record

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Couple rear-ended in collision litigate for insurance coverage

By Carol Ostrow | Jul 29, 2015

A couple claiming they were injured following a rear-end collision are suing an insurance company for additional payment.

Carl Frey and Margaret Frey filed a lawsuit on June 30 in Madison County Circuit Court against Country Preferred Insurance Co. of Bloomington, claiming they satisfied all conditions required to collect reimbursement for a July 2013 rear-end collision that caused physical injuries and property damage to their vehicle.

According to the filing, a vehicle driven by a third party, Kennedy Moore, rear-ended the plaintiff’s vehicle while it was stopped at a red light on Lindbergh Boulevard and Fee Fee Hills Drive in St. Louis County on July 2, 2013.

The blames the driver for allegedly causing the accident when he allegedly lost control of his vehicle and failed to keep a proper lookout, drive at a safe speed, sound a warning and swerve or stop to avoid the accident.

The suit states that Carl Frey required surgery and incurred lost wages, capacity to enjoy life and medical bills, while Margaret Frey claims to have suffered the loss of companionship, love and spousal support.

Court documents indicate that Moore was under-insured with coverage only up to $50,000. The plaintiffs allege that Country Preferred’s failure to pay policy limits is “vexatious and without cause or excuse."

The Freys seek judgment in their favor for more than $50,000 plus prejudgment interest, attorney’s fees and costs. They are represented by Gregory Mueller of Mueller Law Practice in St. Louis.

Madison County Circuit Court case number 15-L-822.

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