Kenova woman sues River City Ford, others for breach of contract

By Kyla Asbury | Jun 10, 2010

WAYNE -- A Kenova woman is suing River City Ford, Manufacturers and Traders Trust Company and Dealer Motor Services for breach of contract and violation of the West Virginia Unfair Trade Practices Act.

On Jan. 2, 2008, Lois C. Nichols entered into an agreement for the purchase of a 2006 Ford F150 pickup truck from River City Ford, according to a complaint filed April 14 in Wayne Circuit Court.

Nichols claims she purchased gap insurance for $595.

On Feb. 25, 2009, the vehicle was destroyed in a fire and Nichols received payment for the loss of the vehicle under her insurance policy, according to a suit.

Nichols claims she made a claim for proceeds available to her via the gap insurance for which she had paid premiums at the time of the vehicle's purchase and was denied by the defendants.

As a result of the breach of contract by the defendants, Nichols suffered damages for breach of contract; benefits of the contract; aggravation, annoyance, mental anguish, humiliation, embarrassment, emotional distress and inconvenience; emotional damages; economic damages; damage to credit and loss of property; and all applicable Hayseed-type damages, according to the suit.

Nichols claims she completed and performed all conditions of the policy on her part and that the defendants violated West Virginia Code when denying her claim.

Nichols is seeking compensatory and punitive damages, forgiveness of the loan, refund of pro-rata share of premiums paid and pre- and post-judgment interest. She is being represented by William L. Mundy.

The case has been assigned to Circuit Judge James H. Young.

Wayne Circuit Court case number: 10-C-83

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