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WEST VIRGINIA RECORD

Tuesday, March 19, 2024

Man sues California Casualty Management for acting in bad faith

Car accident 18

WILLIAMSON – A Delbarton man is suing California Casualty Management Company after he claims it acted in bad faith when settling an uninsured motorist claim.

On Feb. 18, Thomas Muncy was the driver of a 2008 Chevrolet Equinox and was traveling on U.S. 52 going toward Delbarton from Williamson when Luke Browning went left of center and into Muncy’s lane of traffic, hitting his vehicle, according to a complaint filed July 19 in Mingo Circuit Court.

Muncy claims Browning’s negligence caused him to sustain serious bodily injury and substantial medical bills for treatment.

Browning did not have insurance coverage and was cited for driving on a suspended license and was exceeding the posted speed limit and failed to keep in the proper lane, according to the suit.

Muncy claims he suffered physical and mental anguish; suffered loss of wages; suffered annoyance, aggravation and inconvenience; and loss of enjoyment of life.

The defendant had a duty to act in good faith when settling claims with Muncy and failed to do so by issuing “lowball offers” that were in bad faith and not in a true attempt to settle the uninsured claim filed, according to the suit.

Muncy claims he incurred medical bills totaling $6,942.89 and the defendant attempted to settle the claim with a “lowball” offer.

Muncy is seeking compensatory and punitive damages. He is being represented by Justin J. Marcum of Marcum Law Office.

Mingo Circuit Court case number: 16-C-124

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