Auto insurer sued by customer for allegedly underinsuring him

GRETNA – A man is suing his auto insurer who claims he was seriously injured when another driver ran into the rear of his luxury car is suing his insurer saying he was not properly insured.

Robert Downs filed suit against Esurance Insurance Company in the 24th Judicial District Court on March 7.

Downs alleges that on March 21, 2013 he was insured by Esurance when he was driving his Mercedes on Veterans Memorial Boulevard in Metairie when a car ran into the rear of his car. The plaintiff claims the accident resulted in his vehicle being completely unusable and irreparable and resulted in devastating injuries and permanent disability.

Downs asserts the vehicle found to be at fault in the accident was covered by Progressive Insurance and that when their policy limits of $15,000 were reached Esurance should have kicked in to allow additional payment of up to $100,000. The plaintiff alleges that he provided medical records, a copy of an MRI and a copy of an accident report and requested payment for the damages caused by the accident, however, the insurer allegedly refused to pay the medical bills.

The defendant is accused of breach of contract.

An unspecified amount in damages is sought for the statutory penalties, loss of consortium and attorney’s fees.

Downs is represented by attorney Michael J. Phillips of New Orleans.

The case has been assigned to Division K Judge Ellen Shirer Kovach.

Case no. 736-175.