Does Policyholder Have Standing to Sue Insurer for Breach of Contract Without First Filing Claim?
For Alleged Failure to Reimburse Incidental Litigation Expenses Don B. Kincaid, Jr., et al. v. Erie Insurance Company, Case no. 2009-1936 8th District Court of Appeals (Cuyahoga County) ISSUE: When an insured person has been sued for damages that he caused to a third party in an auto accident, and at the request of his insurance company incurs travel costs and other incidental expenses to defend that suit, does the insured have legal standing to file a breach of contract lawsuit against the insurance company for failure to reimburse his litigation-related expenses without first filing a claim with the insurer documenting those expenses and requesting reimbursement under the “additional payments” coverage in the insurer’s policy? BACKGROUND: In 2003, Don Kincaid Jr. was sued in the Cuyahoga County Court of Common Pleas by a bicyclist who was injured in a 2001 traffic accident for which Kincaid was at fault. Kincaid sought legal representation and indemnification for damages under the li
