Motorist alleges insurer breached contract

By Angelica Saylo Pilo | Feb 22, 2019

BELLEVILLE — A motorist is suing her insurer for allegedly failing to arbitrate her claim following a collision with an underinsured driver.

Karen Costello filed a complaint on Jan. 23 in the St. Clair County Circuit Court against United Service Automobile Association, alleging it failed to perform under the terms of the insurance contract.

According to the complaint, the plaintiff alleges that on Feb. 6, 2017, she was a passenger in a 2016 GMC Canyon traveling west on Sherman Street. She alleges the driver was slowing for a red light traffic at the East B Street intersection in Belleville when Erica Wimpee struck their vehicle. She alleges Wimpee was an underinsured driver. 

Costello claims she incurred damages in excess of the liability limits of the party at fault. She demanded arbitration under the terms of the underinsured motorist coverage of the insurance policy issued by the defendant, but she alleges the defendant failed to arbitrate the claim. 

The plaintiff requests a trial by jury and seeks judgment against the defendant up to the policy limits of her underinsured motorist coverage, an order to proceed arbitration and all other relief deemed equitable. She is represented by Kevin Boyne of Kevin Boyne PC in Belleville.

St. Clair County Circuit Court case number 19-L-71

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Kevin Boyne PC St. Clair County Circuit Court

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