Man says Progressive damaged RV after it was vandalized

By Kyla Asbury | Feb 20, 2013

HUNTINGTON – A man is suing Progressive Classic Insurance Company after he claims it damaged his RV further after it had been vandalized.

Kenneth Miller is the owner of a 2008 Keystone Raptor RV, which is covered by an insurance policy issued by the defendant, according to a complaint filed Feb. 8 in Cabell Circuit Court.

Miller claims the vehicle sustained damage due to vandalism.

After some investigation, the defendant determined that the RV did sustain damage to its interior caused by vandalism and that, pursuant to its insurance policy, it was obligated to indemnify Miller for the cost of repair, according to the suit.

Miller claims the defendant has refused to indemnify him for the entire cost of repairing the vehicle.

Progressive refused to indemnify the entire cost because it claimed that some of the internal damage was in close proximity to some external damage that had been caused by a prior impact that occurred prior to the effective date of policy, so the internal damage might have resulted from the prior occurrence and would not be covered under the policy, according to the suit.

Miller claims to establish its hope that part of the damage was not caused by vandalism, the defendant either “cut the floor or caused the floor to be cut by the repair facility at which the Raptor RV was located.”

As a consequence of this action, the environmental integrity of the floor, which was an important part of the RV’s construction, was destroyed, according to the suit.

Miller claims the defendant refused to repair or indemnify him for the cost of repairing the damage it caused.

The defendant’s conduct violates West Virginia laws and regulations, according to the suit.

Miller is seeking compensatory and punitive damages. He is being represented by William D. Levine of St. Clair and Levine.

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

Cabell Circuit Court case number: 13-C-88

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