Family sues Liberty Mutual for failing to abide by policy limits

HUNTINGTON - A family is suing Liberty Mutual Insurance Company for failing to abide by its policy limits.

On Aug. 17, 2011, Shawn Burcham was lawfully operating a vehicle on U.S. 60 in Cabell County when a collision occurred with a vehicle being driven by Ashley Vankeuren, according to a complaint filed July 22 in Cabell Circuit Court.

Shawn Burcham, Angela Burcham and Sashe Burcham claim Vankeuren was an underinsured motorist.

Sashe Burcham was entering college at the time of the motor vehicle collision and was going to play women's college softball, according to the suit, but, due to the injuries she sustained in the collision, she was unable to pursue her interest in college softball.

The Burchams claim they have underinsured motorist protection with Liberty and have exhausted the policy limits of the liability coverage available to Vankeuren and Liberty.

Liberty and the Burchams are in a disagreement over the terms and conditions of the policy of insurance issued by Liberty to the Burchams and, as to the right of the plaintiffs to receive payment for a claim for underinsured coverage, the plaintiffs wish the court to issue a declaration of rights under the policy, according to the suit.

The Burchams are seeking compensatory damages. They are being represented by Donald R. Capper of the Capper Law Office.

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

Cabell Circuit Court case number: 13-C-506