I don't know anything about this situation, but sometimes people have to do some weird things, like suing, in order to initiate insurance claims. In many cases someone has to be found negligent in order for them to pay. My dad recently fell while stepping up on our retaining wall. Knocked out two of his teeth. My insurance company paid $1,000, but after that he had to prove negligence. He could have sued me to try to prove that and while he would have been technically suing me, it would have been my insurance which would have paid.