HARRISBURG — Estate administrators are suing USAA General Indemnity Co., citing alleged breach of contract over a death that occurred from a head-on collision.
William R. and Diane Hicks, et al, filed a complaint on Jan. 4 in the U.S. District Court for the Middle District of Pennsylvania against the defendants, alleging they failed to provide insurance coverage.
According to the complaint, on March 17, 2016, while the decedent, Nicholas Gustav Hicks, was lawfully operating his motor vehicle on State Route 115 in Chestnut Hill Township, when an underinsured motorist, Trevor Matthew Roberts, negligently operated his vehicle so as to collide head-on with the decedent.
As a result, the complaint states, decedent suffered severe and disabling injuries that resulted in his death, while plaintiffs continue to suffer great mental anguish and physical pain, medical and death expenses, loss of enjoyment of life, loss of happiness, and great financial loss from defendant's refusal to honor plaintiff's claim.
The plaintiffs hold USAA General Indemnity Co. and John Doe responsible because the defendants allegedly failed to respond to plaintiff's counsel in a timely manner, failed to conduct timely investigation of plaintiff's claim, and failed to provide compensatory damages to plaintiffs for their injury.
The plaintiffs request a trial by jury and seek judgment against defendants for compensatory and punitive damages, attorney's fees, costs of suit, and further relief as the court deems just. They are represented by Scott Wilhelm of Winegar, Wilhelm, Glynn & Roemersma in Phillipsburg, New Jersey.
The U.S. District Court for the Middle District of Pennsylvania Case No. is 19-cv-15.