Insurer didn't pay for fire damage, woman claims

HUNTINGTON – A Cabell County woman is suing over claims her insurance company has failed to compensate her after a fire allegedly caused smoke and soot damage to her home.

Teresa Fulks filed a lawsuit Oct. 31 in Cabell Circuit Court against Allstate Property and Casualty Insurance Company, citing breach of contract.

According to the complaint, there was a small fire that resulted in extensive smoke and soot damage to Fulks' residence on Marquis Drive in Huntington on July 27, 2011, at which time her home was insured by a homeowner's insurance policy from the defendant. Fulks says the policy included dwelling protection liability up to $160,768, and she filed a claim for repair costs, contents claims, and loss of use shortly after the fire.

The complaint states Allstate confirmed Fulks' claim was covered under her policy but has failed to compensate her. The plaintiff says Allstate denied all her claims on Nov. 18, 2013. Allstate is accused of breach of contract, common law bad faith and violating the Unfair Trade Practices Act.

Fulks seeks general, compensatory and punitive damages, including attorney fees.

She is represented by attorneys James D. McQueen Jr. and Ralph J. Hagy of McQueen Davis in Huntington. The case has been assigned to Circuit Judge F. Jane Hustead.

Cabell Circuit Court case number: 14-C-809