Insurance claims accident with Florissant man an "Act of God"

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by KMOV.com Staff

KMOV.com

Posted on August 27, 2013 at 5:36 PM

Updated Tuesday, Aug 27 at 6:43 PM

 (KMOV) – A Florissant man was caught up in a dispute with insurance company after they claim damage done to truck was “God’s Fault”

Phillip Arbogast called News 4’s Mike Colombo after hitting an insurance roadblock following a May 2012 accident.

He said he was driving behind a red truck on Lindbergh when the red truck’s tire and wheel flew off, hitting Arbogast’s SUV.

The truck driver ran from the crash scene but police were able to track down truck’s owner which was the driver’s mother.  

Arbogast filed a claim against her insurance company, American Family but was denied stating “denying the claim due to an act of God.”

News 4 contacted American Family  and a representative said the loss of the tire was due to factors outside their client’s control.

In other words, it is classified as an act of God and they don’t pay.

Arbogast had only liability insurance on his older Blazer SUV which he believed he will now scrap.

“It’s the whole idea that the insurance company can screw you, ‘yeah, it’s our insured but he has no negligence, we have no fault, because it’s an act of god."

After checking with other insurance companies, News 4 learned this claim is common practice. Although in a situation such as this, there are options.

The Missouri and Illinois Department of Insurance have consumer complaint departments and there is no charge to file a complaint.

 A lawsuit could also be filed against the insurance company in small claims court.

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