CHARLESTON - A crane company is suing its insurance company after items from a crane were stolen.
MCP Crane Services LLC filed a lawsuit Nov. 7 in U.S. District Court for the Southern District of West Virginia against Allianz Global Corporate & Specialty.
According to the complaint, MCP paid premiums for and AGCS provided a Commercial Inland Marine Policy, covering items including a 1997 National 110 28-ton, 69-foot boom Peterbilt Crane.
The policy allegedly provides for loss or damages to the crane that occurred during the policy. The complaint states that in late April, several crane attachments, tools, equipment and other items were stolen from the crane when it was parked off of Teays Valley Road, totaling a loss of $63,358.
According to the complaint, the loss was in excess of the policy limits, but AGCS refused to settle the claim and instead unduly delayed the process. MCP says that because of the delay, it was forced to seek legal counsel in June.
The plaintiff is alleging that AGCS breached the contract and acted in bad faith, financially causing damage.
MCP is seeking damages in excess of the jurisdictional amount. It is being represented in the case by Charles M. Johnstone II and David A. Dobson of Johnstone & Gabhart LLP.
United States District Court for the Southern District of West Virginia Case No: 5:13-cv-28323