Company sues Erie Insurance for claim denial

By Kyla Asbury | Aug 24, 2011

MORGANTOWN – Nuce Enterprises is suing Erie Insurance Company for denying a claim after a fire destroyed the restaurant's kitchen.

MORGANTOWN – Nuce Enterprises is suing Erie Insurance Company for denying a claim after a fire destroyed the restaurant's kitchen.

Erie Property and Casualty Company was also named as a defendant in the suit.

Nuce Enterprises and Johnny Nuce, who are doing business as Dellslow Dari Delite, had a policy with the defendants, according to a complaint filed Aug. 16 in Monongalia Circuit Court.

On June 10, 2009, spray and water damaged occurred in the business and two days later, the defendants' agents were informed of the accident and the partial destruction of supplies, damages and the closure of the kitchen, according to the suit.

The plaintiffs claim in September 2009, they were informed that their insurance coverage was denied and that only supplies and one and one-half days were covered under the policy.

The defendants acted in bad faith by denying the claim, according to the suit.

The plaintiffs claim the defendants did not provide reasonable explanation and a basis for denying the claim.

The defendants also breached their contract with the plaintiffs by wrongfully denying claims, according to the suit.

The plaintiffs are seeking compensatory and punitive damages with pre- and post-judgment interest. They are being represented by J. Frederick Wiley.

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