CHARLESTON – A Wood County couple say their insurance company should pay after they found cracks in the masonry of their home.

Mark and Connie McKain of Parkersburg filed the lawsuit Jan. 17 in Kanawha Circuit Court against Motorists Mutual Insurance Company, based in Columbus, Ohio.

In the suit, the McKains says they noticed the formation of cracks in a portion of the left rear masonry wall of their home on May 11, 2005. They say the cracks were caused by the failure of an adjacent underground storm sewer piping which crossed their property pursuant to a City of Parkersburg right-of-way rather than from any natural causes.

They say the approximate cost to repair the damage to the home is $30,000. They say the home is insured by Motorists Mutual and that they have paid all their premiums and complied with terms of their policies.

In the suit, filed by attorney Brent K. Kesner, the McKains say they promptly notified Motorists Mutual of their claim and that the company was given a change to inspect it.

But on July 6, Motorists Mutual denied the claim. That, the McKains say, is a breach of their contract and their duty.

The couple also says Motorists Mutual is guilty of common law bad faith and unfair trade practices.

They seek a declaratory judgment that Motorists Mutual is legally obligated to pay for the damages caused by the formation of cracks in the masonry of their home. They also seek compensatory damages, attorney fees, court costs and pre- and post-judgment interest.

The request a jury trial.

The case has been assigned to Circuit Judge Charlie King.

Kanawha Circuit Court case number: 06-C-71

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