Liberty Mutual sues policyholder after excessive award following vehicle accident

Whitney Brakken Dec. 23, 2013, 6:10pm

Liberty Mutual is suing over claims an arbitration award was excessive.

Liberty Mutual Insurance Co. filed a lawsuit Dec. 16 in the Cook County Circuit Court against Cindy Scolaro, individually and as mother and next of friend of Sofia Scolaro.

The complaint states on Oct. 20, 2008, Cindy Scolaro, had Liberty Mutual Insurance insurance providing uninsured motorist coverage of $500,000 when she was involved in a low impact automobile accident with an uninsured driver. Cindy Scolaro was pregnant at the time of the accident and claims the accident caused an abruption of the placenta resulting in the premature birth of her daughter and her daughter's subsequent developmental problems.

The plaintiff says Cindy made a demand to the plaintiff for uninsured motorist coverage, which was arbitrated and an award in the amount of $250,000 was entered in Sofia Scolaro's favor. The plaintiff is dissatisfied with the award, believing it is excessive and has invoked the rejection clause contained in its policy, according to the complaint.

Liberty Mutual is seeking for the court to declare that Liberty Mutual Insurance Co. complied with its policy, declare the plaintiff's rejection clause is valid and enforceable and allow the action to proceed to a determination by a jury on liability and damages. The plaintiff is being represented in the case by attorney Chantal N. Kazay of Law Offices of Meachum, Starck, Boyle & Trafman.

Cook County Circuit Court Case No. 2013L014150.

This is a report on a civil lawsuit filed at the Cook County Courthouse. The details in this report come from an original complaint filed by a plaintiff. Please note that a complaint represents an accusation by a private individual, not the government. It is not an indication of guilt, and it represents only one side of the story.

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