Client files suit against Liberty Mutual Fire Insurance over alleged handling of claim

By Noddy A. Fernandez | Jan 3, 2019

FRESNO – A Fresno County individual alleges an insurance company did not act fairly in its handling of her claim for underinsured motorist benefits.

Belinda Vargas filed a complaint on Dec. 20 in the Fresno County Superior Court against Liberty Mutual Fire Insurance Co., Tony Cota and Does 1 through 25 alleging insurance bad faith and intentional infliction of emotion distress.

According to the complaint, in June 2013, the plaintiff was injured in a collision with an underinsured driver and Liberty Mutual paid medical payment benefits to her as required under their policy.

The suit states in 2015, the plaintiff made a claim for underinsured motorist benefits under the policy for the June 2013 auto accident and Liberty Mutual refused to pay the remaining policy benefits. 

The suit states Liberty Mutual made a settlement offer in May 2018 of $5,000 and arbitration was held in August 2018. The suit states after arbitration, Liberty Mutual informed plaintiff's counsel in August 2018 that a check for $50,000 had been forwarded to the attorney's office. The plaintiff alleges payment was not made until Oct. 4, 2018, and that the defendant refuses to pay interest.

The plaintiff holds Liberty Mutual Fire Insurance Co., Cota and Does 1 through 25 responsible because the defendant allegedly failed to act properly, promptly, reasonably, fairly, and adequately in the handling and resolution of plaintiff's claim for underinsured motorist.

The plaintiff seeks judgment for all damages, attorney's fees, prejudgment interest, costs of suit, and such other and further relief as the court may deem just and proper. She is represented by James H. Wilkins of Wilkins, Drolshagen & Czeshinski LLP in Fresno.

Fresno County Superior Court case number 18CECG04559

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Fresno County Superior Court Wilkins, Drolshagen & Czeshinski LLP

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