PHILADELPHIA – A State Farm policyholder and her minor children brought legal action against the insurance provider, alleging it has not fully compensated them for underinsured motorist claims in the wake of an injurious motor vehicle accident the plaintiffs were involved in, in 2015.
Carla Dipippo, along with representing her minor children Justina Dipippo and Jon Dipippo of Wenonah, N.J. filed suit in the Philadelphia County Court of Common Pleas on July 6 versus State Farm Insurance Company of Concord.
“On Dec. 13, 2015, State Farm insured Carla Dipippo, was driving her State Farm-insured vehicle on Interstate 476 in Plymouth Township, Pennsylvania with her two minor children, Justina and Jon, as passengers, when involved with an accident caused by the negligence of underinsured motorist, Charles A. Lynch. Plaintiffs settled their three claims with Mr. Lynch for the full value of his insurance coverage with the express permission of State Farm, after which they presented underinsured motorist claims against State Farm for uncompensated losses under the State Farm policy purchased by Carla Dipippo, which provided all three passengers with underinsured motorist coverage,” the lawsuit states.
When the parties could not agree on the full value of their underinsured motor vehicle claims, State Farm made partial pre-payments of their underinsured motorist claims as follows: Carla $12,500; Jon $7,900 and Justina $5,000, without prejudice to plaintiffs’ rights to litigate the remaining value of those claims.
Per the complaint, Carla suffered multiple personal injuries in the accident, including: cervical radiculopathy, three cervical disc herniations from C3-C6 vertebrae, left shoulder impingement and right ulnar neuritis/carpal tunnel syndrome; Jon suffered a herniated lumbar disc at the L5-S1 vertebral junction and Justina suffered a closed head trauma/traumatic concussion and myofascial pain/TMJ syndrome.
For a lone count of breach of contract, the plaintiffs are each seeking damages not in excess of $50,000, for all uncompensated losses in this matter.
The plaintiff is represented by Wayne A. Schaible of the Law Offices of Wayne A. Schaible, in Philadelphia.
Philadelphia County Court of Common Pleas case 170700300
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com