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WEST VIRGINIA RECORD

Thursday, March 28, 2024

Condominium unit owners allege insurance company refuses to pay coverage

Insurance 04

WEBSTER SPRINGS — Two Webster County condominium unit owners are suing Nationwide, alleging breach of contract by refusing to pay coverage claims under an insured policy.

Wilma Sue Talbott and William Talbott filed a complaint March 22 in Webster Circuit Court against Nationwide Insurance Company of America, alleging failure to honor a written contract by refusing to pay insurance coverage.

According to the complaint, on Jan. 26, 2016, a fire totally destroyed the Talbotts' condominium unit in Davis, resulting in the total loss of the unit and complete destruction of all personal property. 

The plaintiffs say they had purchased a fire insurance policy from Nationwide and had maintained that policy in force and effect and demanded payment of the agreed policy limits of $47,100. 

However, the suit says, the Talbotts have failed to receive payment to which they are entitled and for which they had bargained for in the insurance contract. 

The plaintiffs allege Nationwide failed to honor its contractual commitments under the policy, failed to evaluate the claim fairly and failed to attempt in good faith to effectuate a prompt, fair and equitable settlement of the plaintiffs' claims.

The Talbotts seek trial by jury, general damages equal to or in excess of the limits of the policy coverage, attorney fees, costs of suit, pre- and post-judgment interest, and all other proper relief. They are represented by attorney Dan L. Hardway of Cowen.

Webster Circuit Court Case number 17-C-8

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