EDWARDSVILLE – A driver is suing an insurance company for allegedly failing to honor an insurance policy claim.
Plaintiff James Bergman filed the lawsuit in the Madison County Circuit Court against the Great West Casualty Company, alleging breach of contract.
According to the lawsuit, on Dec. 20, 2021, the plaintiff was driving as part of his employment with Sievers Truck Services when he was involved in a collision with a vehicle driven by Kyle Albl.
Albl had a liability automobile insurance policy with Liberty Mutual Insurance Company, according to the complaint.
The lawsuit states that at the time of the collision, Sievers had an insurance policy with the Great West Casualty Company for its vehicles, including the vehicle driven by Bergman at the time of the collision.
The vehicle driven by Albl was an underinsured motor vehicle as defined by the defendant's underinsured motorist coverage, according to the lawsuit. The lawsuit adds that the plaintiff suffered bodily injury and that the defendant was required to pay all compensatory damages from the owner of an underinsured motor vehicle.
On June 9, 2022, Liberty Mutual Insurance Company offered the policy limits of its liability insurance coverage to the plaintiff who relayed the information to the defendant on June 14, 2022. Despite this, the defendant allegedly did not advance the settlement offer to the plaintiff or give him permission to accept the offer.
Bergman claims he made several attempts over the next four months to contact the defendant, seeking permission to accept the settlement. He alleges the defendant ignored his contact attempts. On Oct. 18, 2022, the defendant made a "vexatious and frivolous" offer to settle the underinsured claim, which was refused by the plaintiff. Bergman states that the defendant has since refused to answer all requests for arbitration to settle the matter.
Bergman is seeking damages in excess of $50,000, plus attorney fees, court costs, interest and any other relief the court deems proper. He is represented in this case by attorneys Michael P. Glisson and Timothy J. Chartrand of Williamson Webster, Falb & Glisson in Alton.
Madison County Circuit Court case number 2023LA000088