Neprum Siech and Iowana Siech, represented by the O’Connor Berman Dotts & Banes law firm, sued Royal Crown Insurance Corp.
According to the complaint, Neprum was driving his four-door Hyundai on Oct. 21, 2006 at 8 p.m. on As Perdido Road when he lost control of the vehicle and crashed into a ditch, overturning the car. The car was a total wreck and he sustained injuries. The car was insured by Royal Crown.
The complaint stated that Neprum was not under the influence of liquor or any drug at the time of the accident. Nevertheless, he was cited for driving under the influence by a police officer who responded to the accident. Neprum was prosecuted for DUI and entered a not guilty plea.
The plaintiffs said that they made a claim on the value of the car but Royal Crown denied it based on the DUI exclusion clause in the policy.
The Superior Court dismissed the DUI case against Neprum on Jan. 11, 2008 and the couple submitted another claim to Royal Crown which again denied it.
The plaintiff’s lawyers presented four causes of action in the complaint — breach of contract, violation of the Consumer Protection Act, unfair claims settlement practices, and unjust enrichment.
The plaintiffs are asking for general and special damages in an amount to be proven at trial, including incidental and consequential damages, an award for punitive damages, for prejudgment interest as allowed by law, for liquidated damages under the Consumer Protection Act, and for costs of suit. The plaintiffs also demand a jury trial.
The Superior Court has given Royal Crown 20 days to answer the complaint.
