On August 5, 2019, a Texas resident filed a lawsuit in Harris County Civil Court against Geico County Mutual Insurance Company (“Geico”), alleging breach of contract and bad faith.
On May 20, 2018, the insured driver was traveling southbound on LJ Parkway when he was hit by another vehicle on the passenger side. The collision occurred as a result of the other driver’s failure to control their speed and yield right of way, causing the other driver to disregard a stop sign. As a result of the collision, the insured driver sustained serious and painful bodily injuries.
An investigation of the collision revealed that the person who collided with the insured driver’s vehicle was an underinsured motorist. The insured driver’s damages exceeded the policy limits of the other driver’s insurance limits. At all material times the insured driver was covered by underinsured motorist insurance with Geico as the provider of that insurance. The insured driver filed a claim with Geico for payment of the underinsured motorist coverage. Geico, however, refused and failed to pay the claimed amount in accordance with the insurance policy.
In his petition, the insured driver alleged his policy was in full force and effect at the time of the subject collision, that Geico failed to fully perform its contractual obligations, and that Geico used bad faith tactics to further delay the payment process.
The insured driver is pursuing the policy benefits from Geico, along with all other damages he is entitled to, both past and future. The elements of such damages include but are not limited to medical expenses, physical impairment, mental anguish, pain and suffering, diminished quality of life, and loss of earning capacity. Further, the insured driver seeks pre-judgment to compensate him and to avoid unjust enrichment by Geico, as well as post-judgment interest and reasonable attorney’s fees. The insured driver is now seeking damages for breach of contract, bad faith, and declaratory judgment damages.
If you or someone you know has been injured in a motor vehicle collision and need assistance in collecting insurance proceeds, contact an attorney at Abraham, Watkins, Nichols, Agosto, Aziz & Stogner by calling (713) 222-7211 or toll free at 713-222-7211.