LAFAYETTE – An insurance company is suing a Franklin resident alleging he made false statements on his insurance policy.
RLI Insurance Co. filed a complaint on April 1 in the U.S. District Court for the Western District of Louisiana, Lafayette Division against Ashton Pugh seeking declaratory judgment from the court.
According to the complaint, the plaintiff alleges that on or about Oct. 30, 2015, Ashton Pugh's son, Cabot Pugh, was driving a 2002 GMC pickup and was involved in an automobile accident that injured three people and killed one.
As part of its investigation, the plaintiff learned that Pugh’s underlying insurer denied coverage for the accident because the pickup had been removed from the policy earlier on the same day as the accident, the suit states. It also discovered that Cabot Pugh has a criminal record, according to the suit.
The plaintiff holds Ashton Pugh responsible because the defendant allegedly failed to identify his son, Cabot Pugh, as either a member of his household or driver who can operate the vehicle. The plaintiff also alleges Ashton Pugh failed to put a check on “Yes” on any of the applications for the RLI personal umbrella liability insurance (PUP) policies that asked if he or any member of his household had been indicted, charged with or convicted of a felony within the last five years.
The plaintiff requests a trial by jury and seeks declaration that the four RLI PUP policies issued to the defendant are void and rescinded and for such other and further relief that it may be justly entitled. It is represented by Tammy L. Clary of Quilling, Selander, Lownds, Winslett and Moser P.C. in Dallas.
U.S. District Court for the Western District of Louisiana, Lafayette Division Case number 6:16-cv-00437