EAST ST. LOUIS – Local lawyers have sued State Farm seeking compensation and a civil penalty of $60,000 for each policyholder in the nation who didn’t receive uninsured motorist coverage in a timely manner.
Lloyd A. Cueto of Belleville filed the suit on July 17, proposing to certify plaintiff Ladarrius Gully as leader of a class action.
The class period would run ten years.
“At this time, Gully believes that the class likely includes thousands of class members,” Cueto wrote.
He claims State Farm could ascertain the exact number.
For a thousand class members, a $60,000 penalty would equal $60 million.
State Farm responded to the suit, stating: “The filing of a lawsuit does not substantiate the allegations within the complaint. We’ve recently learned about the filing, and it is premature to comment at this time.”
Gully’s legal team includes Christopher Cueto, Lloyd M. Cueto, and James Radcliffe, all of Belleville, and Steven Giacoletto of Collinsville.
The complaint identifies Gully as an Illinois resident.
It alleges breach of contract and consumer fraud.
“Class members are from states that include Illinois and from states that do not include Illinois,” the suit claims.
It states that Gully suffered injuries and damages in a collision with an uninsured driver in St. Clair County in 2018.
It states that there was no dispute as to fault.
Gully filed a claim for arbitration, and State Farm later allegedly forced Gully and class members “to continue through the arbitration process in order to be paid the undisputed amount.”
It states that State Farm offered $18,150.20 last August and $20,151.20 this May, but didn’t tender the payments.
“The only dispute between Gully and State Farm was what dollar amounts in excess of the offers by State Farm was the value of Gully’s damages under his uninsured motorist claim,” the suit claims.
It states that refusal to tender undisputed amounts in a timely manner was not exclusive to Gully but is a policy or practice towards the class.
In addition to civil penalties and compensatory damages, Gully seeks punitive damages, attorney’s fees, costs, and other proper and just relief.