Morgantown couple sues insurer for denying claim

By Ann Knef | Jul 6, 2006

A Morgantown couple is suing State Farm Fire and Casualty for refusing to pay a $75,000 water damage claim in 2003.

According to a two-count lawsuit filed July 3 in Monongolia County, Gary and Peggy McPherson allege that State Farm denied liability for a loss that was covered in their homeowner's insurance policy and engaged in an unfair claims settlement practice.

The McPhersons, represented by John D. Wooton of Beckley, are seeking $75,000 in compensatory damages, and a $500,000 award for violating insurance regulations.

They claim that on or about July 8, 2003, a faulty drainage system caused outside water to damage their foundation.

"The plaintiffs promptly notified their insurance carrier, and their insurance carrier denied liability for the said losses and refused to afford coverage thereon," the complaint states.

The McPhersons also claim they suffered annoyance, inconvenience, aggravation, as well as the loss of the use of the property, and have incurred significant financial obligations to repair their premises.

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