CHARLESTON - A woman is suing Liberty Mutual Insurance Company and Liberty Mutual Fire Insurance Company for refusing to pay medical bills.
Kimberly Shirkey has submitted bills and records for medical expenses exceeding the amount of the medical payments coverage to the defendants, according to a complaint filed May 15 in Kanawha Circuit Court.
Shirkey claims the defendants have refused to pay the bills.
Liberty's conduct is outrageous, intentional and in bad faith and in violation of the West Virginia Unfair Trade Practices Act, according to the suit.
Shirkey claims the defendant's action in handling her claims have been willful, wanton, reckless, malicious, wrongful and were undertaken by the defendants in bad faith and with total disregard of their duties and obligations under West Virginia law and the regulations of the Insurance Commissioner of West Virginia, by which the defendants are bound.
As a direct and proximate result of the defendants' breach of contract, Shirkey suffered monetary damages and substantial aggravation, annoyance, inconvenience and severe emotional distress, according to the suit.
Shirkey is seeking compensatory damages. She is being represented by Paul M. Stroebel of Stroebel & Johnson PLLC.
The case has been assigned to Circuit Judge Paul Zakaib Jr.
Kanawha Circuit Court case number: 13-C-959