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JOHNSON SUES INSURANCE CO. FOR DAMAGES


Topics:  Illinois Automobile Insurance Company

JOHNSON SUES INSURANCE CO. FOR DAMAGES

The Rock Island Argus
May 4, 1921


The Illinois Automobile Insurance Company is facing a damage suit in the Moline city court, filed by Attorney James Johnson, acting on behalf of G. E. Bradley.

An automobile accident, in which Peter Langbehn, Jr., was injured, is the direct cause of the suit. Mr. Langbehn filed suit against G. Bradley in the circuit court and was awarded $3,450 by the jury's verdict. Mr. Johnson was the attorney for Mr. Langbehn.

Bradley declares that he holds a policy with the Illinois Automobile Insurance Exchange, which guarantees to protect him against claims of this kind. According to Attorney Johnson, his client, Peter Langbehn, has never received a cent of the judgment which was awarded him in the circuit court.

Attorney Johnson confirms a statement made by Mr. Bradley, who says that the insurance company refuses to pay. Mr. Johnson alleges that he has had several conferences with the officials of the insurance company.

"They wanted to know how much I would settle for," said the attorney. I told them not one penny less than $3,450. They wouldn't pay."

Mr. Langbehn was injured in the accident in January, 1919. The verdict of $3,450 damages was rendered by the jury in circuit court in December, 1920.

Mr. Johnson said the defendant asked for a new trial and was denied that request. A petition for an appeal was filed, he adds, and the court granted the company 70 days in which to file the necessary papers. The insurance company allowed the time to expire without obtaining an appeal, the attorney states.

"They told me," continued Mr. Johnson, "that they wouldn't settle with Mr. Bradley as long as he hasn't settled with Mr. Langbehn. But recently a case was tried at Danville which shows the courts hold that insurance companies are liable for damage claims of this character.

"The peculiar thing about the Danville case is that this same company—the Illinois Automobile Insurance Exchange—was the defendant. Ernest Miller had obtained a judgement against Clarence Nolan. Nolan carried an accident policy with the Illinois Automobile Insurance Exchange. The company refused to pay the claim awarded against Nolan and in favor of Miller.

"Nolan filed suit, just as Mr. Bradley is now doing. The company raised the same objection which was raised when I tried to collect. The court overruled that objection and a verdict was returned for Nolan. The insurance company appealed to the appellate court and the appellate court confirmed the decision of the lower court."




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