Gann v. Geico General Insurance Company
Seattle, Wash. (March 16, 2017) - Attorney Chris Davis of Davis Law Group, P.S., has filed a civil lawsuit against Geico General Insurance Company in King County Superior Court (17 2 06510 2 SEA) on behalf an accident victim for insurance policy breach of contract.
The plaintiff suffered injuries in a drunk driving motor vehicle collision that took place on June 20, 2014 in Kirkland, Washington. The drunk driver struck the plaintiff’s vehicle causing it to hit the guard rail, become airborne, flip over and land upside down. She was seriously injured, suffered, and continues to suffer physical disability and pain, emotional trauma, medical expenses, loss of earnings and earning capacity, loss of consortium and other damages as a result of the accident.
The lawsuit alleges that the plaintiff’s own Geico automobile insurance policy provided Underinsured Motorist (UIM) coverage up to $100,000 per person per collision.
The total amount of plaintiff’s damages caused by the collision exceed the limits of coverage under the at-fault party’s automobile insurance policies. As the UIM insurer for the plaintiff, Geico is liable for any damages suffered by the plaintiff because of the at-fault driver’s negligence that are in excess of his liability limit under his automobile insurance policy with Progressive Insurance.
Geico is contractually and legally obligated to provide UIM benefits to the plaintiff for all damages she sustained as a result of the collision that exceed the amount of defendant’s $25,000 Progressive Insurance automobile policy.
Geico has refused to pay the entire $100,000 UIM policy benefits to plaintiff for damages she incurred as a result of the collision, and therefore is in breach of the policy or the insurance contract.
The complaint for damages asks for relief for all damages sustained by plaintiff including past and future medical expenses and other health care expenses, pain and suffering, both mental and physical, past and future permanent partial disability and disfigurement, loss of enjoyment of life, damages to property, past and future special damages, loss of consortium and other damages.
Case Title: Gann v. Geico General Insurance Company
Docket: 17 2 06510 2 SEA
Court: Superior Court of King County for Washington
Date Filed: 3/16/2017