Ohio man sues Clerac, individual for not providing insurance coverage
Kyla Asbury Mar. 31, 2010, 9:00am
CHARLESTON -- A Mansfield, Ohio, man is suing Clerac, LLC, after he claims the company declined to afford insurance coverage for him.
Yuri Ellis, an individual from Charleston, was also named as a defendant in the suit.
On Oct. 30, 2008, C. Patrick Carracher rented a vehicle from Clerac at its Mansfield, Ohio, location for the purpose of traveling to Charleston, according to a complaint filed March 11 in Kanawha Circuit Court.
Carracher claims while operating the vehicle, he was involved in an accident when his vehicle collided with a motorized wheelchair operated by Ellis.
The rental agreement between Carracher and Clerac specified that the rented motor vehicle was to be used for travel to and within West Virginia, according to the suit.
Carracher claims he placed Clerac on notice of the claims asserted against him by Ellis, but that Clerac has declined to afford coverage for him.
Clerac asserts that because the vehicle operated by Carracher was registered in Ohio, they owe no obligation to him, according to the suit.
Carracher is seeking for Clerac to be obligated to provide primary coverage for the permissive use of its self-insured vehicle and that Clerac be obligated to provide the defense and indemnification to Carracher, up to the mandatory limits of liability coverage in West Virginia. Carracher is being represented by Brent K. Kesner and Tanya M. Kesner.
The case has been assigned to Circuit Judge Charles King.
Kanawha Circuit Court case number: 10-C-459