Motorist alleges insurer failed to pay for crash injuries

By Jenie Mallari-Torres | Jan 9, 2018

CLEARWATER — A Pinellas County motorist is suing an insurer, alleging breach of contract regarding a vehicle crash.

CLEARWATER — A Pinellas County motorist is suing an insurer, alleging breach of contract regarding a vehicle crash.

Zulema Serna filed a complaint Dec. 20 in Pinellas Circuit Court against Mapfre Insurance Company of Florida, alleging failure to cover injuries in a vehicle collision. 

According to the complaint, on Feb. 23, 2017, Serna was driving her 2002 Ford Mustang on Belcher Road in Pinellas Park. The suit says, Tyler Bruce Walby, an uninsured motorist, negligently operated a 2007 Hyundai that collided with Serna's vehicle. As a result, Serna says she sustained bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, loss for enjoyment of life, medical expenses, and aggravation of an existing condition. 

The lawsuit states although Serna was entitled to payment of uninsured motorist benefits, Mapfire has denied full payment of those benefits. 

The plaintiff alleges Mapfre Insurance Company of Florida had no basis to assert a set-off for worker’s compensation benefits, because no worker’s compensation benefits have been provided to or received by Serna, and the defendant relied on the speculative provision of worker’s compensation benefits.

Serna seeks trial by jury, damages of more than $15,000, declaratory relief, attorney fees, costs of action and all other relief the court deems just. She is represented by attorneys George Alan Tripp Jr. and Ian Matthew Thomas of Tripp Law Firm PA in Seminole.

Pinellas Circuit Court case number 17-CA-7491

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