NEW ORLEANS – A Jefferson Parish man alleges his insurer has failed to resolve his claim after an accident.

Carter Kurth filed a complaint on Sept. 1 in the U.S. District Court for the Eastern District of Louisiana against James River Insurance Co. alleging that the automobile insurance provider failed to make an unconditional tender.

According to the complaint, the plaintiff alleges that on Oct. 25, 2015, he was a passenger in a Uber vehicle insured by defendant, when said vehicle was involved in a collision when it was rear-ended by an underinsured motorist. He has already settled his claim with the insurer of the owner of the vehicle-at-fault and is entitled to recover from defendant any damages in excess of $15,000, the suit states. The plaintiff holds James River Insurance Co. responsible because since May 25, defendant allegedly has failed to make a written offer to resolve his claim of proof of loss.

The plaintiff requests a trial by jury and seeks judgment against defendant for all amounts of damages found reasonable, plus interest, all costs, penalties and fees, and all other equitable relief. He is represented by Gerald E Meunier and M. Palmer Lambert of Gainsburgh, Benjamin, David, Meunier & Warshauer LLC in New Orleans.

U.S. District Court for the Eastern District of Louisiana Case number 2:16-cv-14390

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