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WEST VIRGINIA RECORD

Friday, March 29, 2024

Homeowner seeks mine-related insurance coverage, alleging property damage

Stuartcalwell

Stuart Calwell

MADISON—A Logan County woman filed suit against a Delaware-based insurance company and its affiliate for liability in a 2014 mishap.

Sue Ann Richardson of Chapmanville brought a complaint against Trumbull Insurance Company and The Hartford Financial Services Group Inc. d/b/a The Hartford of Hartford, Connecticut and doing business in West Virginia on May 19 in Boone County Circuit Court, claiming liability in a May 2014 issue.

According to the filing, the plaintiff has a homeowner’s insurance policy with the defendants with a maximum coverage of $75,000 under the Coal Mine Subsidence coverage. The suit states that Richardson purchased the policy specifically to protect her dwelling against losses caused by underground coalmine collapses.

The suit states that a network of abandoned mines exists under the plaintiff’s property; and that on or about May 19, 2014, the plaintiff notified the defendants of damage to her property allegedly caused by underground movement from mine collapse, leading to soil erosion and subsequent damage to Richardson’s dwelling and garage.

Court documents indicate that the defendants made an inspection on or about May 29, after which they determined that Richardson’s loss was not covered.

Alleging breach of contract and property damage, the plaintiff seeks declaratory judgment; compensatory damages up to $75,000; pre- and post-judgment interest, attorneys’ fees, and costs.

She is represented by Stuart Calwell, Alex McLaughlin and D. Christopher Hedges of The Calwell Practice in Charleston.

Boone Circuit Court case number: 15-C-100

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