WEST VIRGINIA RECORD

CHARLESTON -- A South Charleston woman is suing her insurance company after a tree fell on her house, and the insurance did not cover the damages.

Stephanie Turner filed a suit against Lititz Mutual Insurance Company, Inc. and Call Adjusting Service, Inc. after a storm in May of 2004. The suit says "a fallen tree severely damaged her house," including damage to the roof, the second floor, the ground floor, the foundation and the front porch.

Turner said in the claim that she paid all the premiums due and Lititz Mutual Insurance Company, Inc. was given the opportunity to inspect the property, therefore are obligated to pay for the damages caused by the fallen tree.

The suit says "Through its own actions and those of Call Adjusting Services, Inc., Lititz Mutual Insurance Company, Inc breached its duty under the policy by causing unnecessary delay in payment and repair of all of the damage to the house and by failing to approve a reasonable estimate for repair supplied by the plaintiff (Turner)."

The suit also states Lititz Mutual Insurance Company, Inc and Call Adjusting Services, Inc. breached their common-law duty of good faith and fair dealing.

Turner said she has "sustained substantial damages in repairing the house, including additional damage due to inclement weather, damage for loss of use, and consequential damages."

She seeks compensatory damages from Lititz Mutual Insurance Company, Inc., coverage of court costs, pre- and post-judgement interests, and punitive damages in an amount to be determined by the jury.

Kanawha Circuit Court case number 06-C-2651