Wheeling woman says Erie Insurance failed to pay for damages to home

WHEELING - A Wheeling woman is suing an insurance company over claims it failed to pay for storm damage to her home.

Patricia Contraguerro filed a lawsuit Sept. 18 in the Circuit Court of Ohio County against Erie Insurance Property and Casualty Co.

The plaintiff claims the defendant failed to pay for damages to her home following a severe windstorm on Sept. 19, 2012, which damaged her roof and caused water damage.

She claims her premium payments were up to date and her home insurance was in effect, but the defendant has failed and refused to pay for her claim, according to the brief.

On Oct. 16, Erie Insurance removed the lawsuit to U.S. District Court for the Northern District of West Virginia.

In its removal notice, Erie argues that there is diversity jurisdiction because Contraguerro is a West Virginia resident and it has a principal place of business in West Virginia.

It also argues the amount in controversy exceeds a $75,000 threshold for federal jurisdiction.

The plaintiff is suing for an undetermined amount of damages, including punitive damages. She is being represented by Wheeling attorney John E. Artimez Jr.

Circuit Court of Ohio County Case No. 13-C-309.