Chicago Personal Injury Lawsuit – Illinois Farmers Insurance Sued

May 12, 2011

Under Insured Motorist claims spring into existence when the damages a person has suffered are more than that which can be covered by the insurance available from te at fault party. In such situation, if you have purchased UIM coverage, you can then make a claim with your own insurance to cover the damages the at fault party insurance could not cover. At that time, your own insurance company will then take on an adversarial position to you and will do what all insurance companies do: try their best to minimize your damages. If their offer, if any, is inadequate, you have to then file for arbitration of the matter and proceed as prescribed in your policy.

Dustin L. Rutz’s mother, Jennifer Rutz, filed a lawsuit April 7 in Madison County Circuit Court against Illinois Farmers Insurance Company.

In her complaint, Jennifer Rutz alleges she had an insurance policy through Illinois Farmers on Dec. 13, 2006, when a driver crashed into her vehicle. At the time of the collision, minor Dustin L. Rutz rode as a passenger, according to the complaint.

Zeliff held an insurance policy at the time of the collision, also, but the Rutzes’ damages exceeded Zeliff’s policy limits. Because the Rutzes’ insurance policy contained a clause for under insured driver benefits, the Rutzes attempted to collect the extra damages from their insurance company, the suit states.

The Rutzes and Illinois Farmers entered into arbitration on March 14, but the Rutzes have elected to reject the permanent disability and disfigurement offered, the complaint says.In their current complaint, they seek a judgment of more than $50,000, plus costs.

Thomas E. Fagan of Wuestling and James in St. Louis will be representing Jennifer Rutz.

via Illinois Farmers sued after under-insured offer rejected | Madison/St. Clair Record.

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