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PENNSYLVANIA RECORD

Thursday, April 18, 2024

Allstate Insurance sued over alleged denial of coverage

Crosswalk

A Langborne man is suing a national insurance company over claims of denial of coverage following a vehicle accident.

Charles Gromer filed a civil action complaint Sept. 17 in the U.S. District Court for the Eastern District of Pennsylvania against Allstate Insurance Co., alleging breach of contract.

On Nov. 20, 2013, the complaint states, while Gromer was walking in the crosswalk at the intersection of Route 32 and East Bridge Street in New Hope, Pa., he was struck by a vehicle operated by Thomas M. Hogan, who at the time had an automobile insurance policy through Esurance.

The complaint states the accident was cause solely by Hogan's negligence and was not the fault of Gromer, who suffered injuries including an oblique tear of the left medial meniscus with fraying of the free edge, chondromalacia, ruptured Baker's cyst with secondary edema, cervical sprain and strain, cervical spasm, right thigh contusion, and aches, pains, mental anxiety and anguish, and shock, injuries for which he has incurred medical expenses.

Gromer initiated a third party liability claim against Hogan, for which Esurance tendered the limits of Hogan's insurance policy and Gromer accepted.

Gromer then advised his insurance company, Allstate, that he intended to institute a first party underinsured motorist claim, which Allstate consented to.

However, despite Gromer's March 23 demand for benefits under the policy, Allstate has refused to pay Gromer monies owed.

Gromer seeks a judgment in excess of $150,000, plus interest, court costs and attorney fees.

He is represented by Swartz Culleton PC in Newton, Pa.

U.S. District Court for the Eastern District of Pennsylvania case number 2:15-cv-05189-PBT

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