Kanawha couple sues Dealers Assurance Company for breach of warranty
Kyla Asbury Sep. 18, 2012, 9:48am
CHARLESTON -- A Kanawha County couple is suing Dealers Assurance Company for breaching its warranty regarding a vehicle they had purchased.
Ashby's Pre-Owned Autos, Inc. and Mel Conley, an employee of Ashby's, were also named as defendants in the suit.
On May 25 2011, David Burgess and Pamela Huck purchased a 2000 Ford Explorer from Ashby's, according to a complaint filed Aug. 21 in Kanawha Circuit Court.
The plaintiffs claim on at least four separate occasions, Burgess took the vehicle for warranty repairs, and on Jan. 24, they discovered the vehicle's engine block was warped and cracked, so they submitted a claim to the defendant, which was denied.
At the time of the denial, the vehicle was still covered under the policy of insurance issued by Dealers Assurance Company, according to the suit.
The plaintiffs claim because of the defendants' conduct, they were forced to obtain the assistance of counsel in an effort to cause Dealers to pay the full extent of Dealers' contractual obligations to them.
The defendants wrongfully, intentionally and maliciously failed and/or refused to conduct a reasonable investigation of all aspects of the plaintiffs' claim and further refused to conduct themselves in conformity with the directives of the West Virginia Insurance Commissioner's Office, according to the suit.
The plaintiffs are seeking compensatory and punitive damages with pre-judgment interest. They are being represented by Mark L. French, Matthew S. Criswell and Steven M. Condaras.
The case has been assigned to Circuit Judge James C. Stucky.
Kanawha Circuit Court case number: 12-C-1684