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Dec. 2, 2008 | Metro East's Legal Journal
 
NEWS

State Farm seeking repayment on auto claims

2/26/2008 6:44 AM

State Farm Insurance filed three separate civil suits in Madison County Circuit Court Feb. 14, seeking repayment of funds that were paid to policy holders.

In the first suit, State Farm seeks a monetary judgment from Kareem Pollard, who allegedly collided with State Farm policyholder Dawn Hamm on Alton Avenue in Madison on Oct. 23, 2006.

State Farm alleges Pollard failed to slow his vehicle to a speed reasonable for traffic condition, failed to reduce his speed or apply his breaks and drove his car at excessive speeds in an urban district causing him to crash into Hamm.

According to the complaint, State Farm paid Hamm $55,722.02 for damages she incurred as a result of the accident.

In the second suit, State Farm wants a judgment against Derek Winship, who allegedly collided with a motorcycle Sherri Fogarty was a passenger on May 3, 2006.

The insurance company claims Winship disregarded his duty to exercise reasonable care and caused his vehicle to collide with the rear of the motorcycle Fogarty was riding on.

State Farm claims Winship failed to keep a proper lookout for others, failed to stop his car when the danger of collision was imminent, failed to adjust his speed and lateral position to avoid an accident and failed to yield the right of way.

State Farm also claims he drove at a speed that was greater than reasonable, failed to apply his breaks and failed to keep his car under proper control.

According to the complaint, State Farm paid Fogarty $80,000 for her personal injuries.

The final suit alleges State Farm was forced to pay the estate of Randy Lucas $61,678 after Janice Murphy allegedly collided with Lucas' 2002 Harley Davidson in Fort Russell Township on July 3, 2006, causing his death.

According to State Farm, Murphy failed to keep a proper lookout, drove at excessive speeds, failed to apply her brakes and operated an uninsured motor vehicle.

State Farm is represented by John Kerley of Springfield.

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