Cabell couple sues insurer, others for water damage to home

HUNTINGTON -- A Cabell County couple who came home from an out-of-town trip to find a ruptured water pipe and water damage are suing Erie Insurance, Chandler's Plywood Products and Wells Fargo.

On April 18, 2009, Terry and Katherine Spaulding returned home from an out-of-town trip to find water damage in their kitchen and basement, which resulted in damage to their custom kitchen cabinets, countertops, floors and personal items, according to a complaint filed June 7 in Cabell Circuit Court.

The Spauldings claim they contacted Erie about the ruptured water pipe and Chandler's about replacement cabinets and countertops.

"On at least two occasions, the cabinetry and/or countertops delivered...were defective in some manner and were returned," according to the suit.

The Spauldings claim that despite repeated complaints by them to the defendants over the quality and workmanship of the cabinetry and countertops, Erie paid Chandler's in full, thereby removing the Spauldings' leverage to make Chandler's perform under the terms of its contract. They also claim Wells Fargo was supposed to perform property inspections throughout the repair process to ensure proper and complete reconstruction, but that no inspections were ever performed.

The Spauldings are seeking actual and punitive damages. They are being represented by R. Matthew Vital and Roger A Jarrell II.

The case has been assigned to Circuit Judge F. Jane Hustead.

Cabell Circuit Court case number: 10-C-421