Warminster man sues Nationwide Insurance, alleging improper claim evaluation

Kasey Schefflin-Emrich Sep. 17, 2015, 12:54pm


A Warminster man is suing Nationwide Insurance, alleging it failed to properly evaluate his claim regarding losses he sustained as result of an under-insured motorist injury.

Richard Tyson filed a lawsuit Aug. 12 in U.S. District Court for the Eastern District of Pennsylvania against Nationwide Insurance Company of America and Nationwide Mutual Insurance Company, alleging breach of contract.

According to the complaint, on April 9, 2010, Tyson was traveling in his motor vehicle near Easton Road and Horsham Road in Horsham Township when Timothy Gallagher, who was under-insured, crashed his Jeep Cherokee into the rear of another vehicle, which caused that vehicle to collide with Tyson's.

The suit says Gallagher was at fault for disobeying traffic regulations, operating his vehicle at an unsafe speed, not having enough distance between other vehicles, and driving under the influence of alcohol. The lawsuit states Gallagher had a previous offense for drunk driving.

The lawsuit states Tyson has two policies of under-insured motorist coverage with the defendants totaling $1,3 million. Tyson's claim against Gallagher, the under-insured motorist in this case, is thought to be more than Gallagher's policy limits, and Tyson has submitted all the necessary information to the defendants to evaluate the claim, the suit says.

Although Nationwide has made an offer, Tyson rejected it because it allegedly showed a lack of understanding of the injuries he experienced in the aftermath of the car collision. Tyson alleges he suffered multiple physical injuries and has and will continue to endure pain, mental anguish, financial expenses and losses, and an inability to attend to his everyday routines.

The suit says Nationwide is required to pay the damages that under-insured motorists have to pay and also are required to make timely payment of the value of a given claim by making a fair and reasonable offer.

Tyson seeks damages in excess of $150,000, plus court costs. He is represented by attorney Frank P. Murphy of Murphy & Dengler in Norristown.

U.S. District Court for the Eastern District of Pennsylvania case number 2:15-cv-04511-SD.

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