Woman sues Conseco Insurance for breach of contract

By Kyla Asbury | Dec 1, 2010

CHARLESTON -- A woman is suing Conseco Insurance Company after she claims the business acted in bad faith and breached its contract with her.

Conseco Insurance Company sold Tammy L. Garcia an insurance policy that included 24-hour accident short-term disability coverage effective May 1, according to a complaint filed Nov. 8 in Kanawha Circuit Court.

Garcia claims shortly after the purchase, she suffered an accident that injured her back.

Despite paying premiums and providing documentation, the defendant failed to pay her disability benefits.

Garcia claims the defendant's failure to pay her disability benefits is "a violation of the contract of insurance and is a violation of defendant's duties and responsibilities and a direct act of bad faith."

The defendant caused Garcia to suffer financial loss; emotional distress; annoyance and inconvenience; and other damages, according to the suit.

Garcia is seeking compensatory damages. She is being represented by Paul M. Stroebel.

The case has been assigned to Circuit Judge Tod J. Kaufman.

Kanawha Circuit Court case number: 10-C-2009

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