Woman says insurer breached its contract

MARTINSBURG - A Berkeley County woman has filed a suit against the insurance company, which provided her late husband's life insurance.

Joyce Rogers filed the suit Feb. 28 in Berkeley Circuit Court, against Unum Life Insurance Company of America, claiming the company breached their contract and violated the Unfair Claims Settlement Practices Act of the State of West Virginia.

Rogers husband, Chester Rogers, had a $72,000 life insurance policy with Unum. The benefits were payable upon his death.

On March 21, 2005, Chester Rogers died from a gunshot wound.

On March 24, 2005, Joyce Rogers contacted Unum and was told to complete a claim form and return it to their office with a death certificate.

On April 1, 2005, Rogers sent the request to submit her claim and receive payment, however, Unum did not submit payment. After repeated attempts, Rogers still did not receive payment.

The suit says that on March 16, 2006, Unum finally paid $72,710,14.

However, during the time when Unum failed to submit proceeds to Rogers she suffered financial hardships, the suit says. She has suffered compensatory, incidental and consequential damages.

Rogers seeks compensatory damages for the injuries she sustained. She also seeks punitive damages and judgment as the court sees fit.

The case has been assigned to Judge Gray Silver.

Berkeley Circuit Court case number 07-C-180