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?