Kasey Schefflin-Emrich Oct. 20, 2015, 11:37am


A North Carolina couple are suing their car insurance provider for allegedly failing to compensate them for injuries suffered in a 2010 car accident.

Jeffrey and Amiee Kelly filed a lawsuit Aug. 10 in the U.S. District Court for the Eastern District of Pennsylvania against Progressive Advanced Insurance Co., alleging breach of contract and violations of Pennsylvania Bad Faith Statue and the Pennsylvania Unfair Trade Practices Act and Consumer Protection Law.

According to the complaint, the plaintiffs and their two young children were stopped at a red light in South Boston during the evening of Aug. 4, 2010, when their vehicle was rear-ended by a vehicle being driven by Andrew McEanaeny, which resulted in injuries to the plaintiffs. The suit states McEanaeny was heavily intoxicated and the collision was solely due to his negligence.

The plaintiffs claim they have and will continue to endure physical pain from their injuries, as well as substantial medical expenses.

As indicated in the lawsuit, the vehicle operated by McEanaeny was underinsured and the plaintiffs were protected by an uninsured motorist provision in an automobile insurance policy they held by Progressive at the time of the car accident.

The plaintiffs claim they have yet to receive fair compensation from the defendant for their injuries. They also contend, in the civil action, that the defendant has failed to properly investigate their claims, failed to make a reasonable evaluation of their injuries based on medical records and other documentation, and engaged in unreasonable lowball settlement offers.

The plaintiffs seek unpaid payment for their policy benefits, attorney fees, court costs and other relief deemed appropriate by the court. They are represented by attorney Helen G. Litsas in Arlington, Mass.

U.S. District Court for the Eastern District of Pennsylvania case number: 2:15-cv-04457-TJS

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