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WEST VIRGINIA RECORD

Saturday, April 20, 2024

Marshall County home insurance client alleges insurer violated law

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MOUNDSVILLE — A Marshall County man is suing an insurance provider, alleging breach of implied covenant of good faith and fair dealing.

Roger Dobbs Jr. filed a complaint on Sept. 14, in Marshall Circuit Court against American National Property and Casualty Company, violation of the West Virginia Unfair Claims Settlement Practices Act.

According to the complaint, in September 2015, the parties mutually agreed to a settlement and they were not to disclose to anyone (unless required by law) the amount and terms of the settlement. 

As a result of defendant's breach of contract, the suit says, Dobbs was damaged and injured financially for not obtaining homeowners insurance on his residence in Glen Easton. The plaintiff alleges the defendant disclosed to other insurance companies the exact amount that it paid for the previous damage to Dobbs' property.

Doobs seeks trial by jury, compensatory damages, punitive damages, pre- and post-judgment interest, attorney fees and costs, plus all further relief. He is represented by attorneys Robert P. Fitzsimmons and Justin J. Wiater of Fitzsimmons Law Firm PLLC in Wheeling and by Harry W. Moore Jr. of Moundsville.

Marshall Circuit Court Case number 16-c-175

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