PITTSBURGH – A woman injured in an auto accident has filed a suit against her insurer over allegations it refuses to tender an offer of underinsured motorist benefits for her injuries.
Cynthia Klingensmith filed a complaint on Feb. 1 in the Court of Common Pleas of Allegheny County against State Farm Mutual Automobile Insurance Co., also known as State Farm, alleging breach of contract.
According to the complaint, the plaintiff alleges she was physically injured when she was involved in a vehicular accident with a tortfeasor insured by Farmers Insurance. The suit states Farmers tendered the bodily injury liability limits of $50,000 to resolve the plaintiff's claim in January 2016 but this is inadequate to compensate her for her injuries.
The plaintiff holds State Farm Mutual Automobile Insurance Co. responsible because the defendant allegedly refused to tender an offer based on the plaintiff's injuries under the policy limits of $200,000 for underinsured benefits.
The plaintiff seeks judgment against the defendant in an amount that exceeds the arbitration limits of the court and other damages. She is represented by Gary J. Ogg, David Kennedy Houck and Eve M. Elsen of Ogg, Murphy & Perkosky PC in Pittsburgh.
Court of Common Pleas of Allegheny County case number GD-18-001512