Upshur Co. man accuses Allstate of contract breach

By Kyla Asbury | Jul 21, 2015

CLARKSBURG – A Buckhannon man is suing Allstate after he claims it breached its contract with him.

On July 8, 2014, a thunderstorm producing high winds, heavy rain and hail moved through the area where Clarence R. Shingleton resides, according to a complaint filed June 15 in Upshur Circuit Court and removed to federal court on July 8.

Shingleton claims after the storm passed, he found that the approximately 14-foot tall wood and brick fence around his swimming pool had been blown down and into his neighbor's yard due to wind from the storm.

Upon noticing the wind damage, Shingleton promptly notified Allstate concerning the downed fence and was advised that they was applicable coverage available and that no potential policy exclusions existed at the time of the reporting, according to the suit.

Shingleton claims on July 18, 2014, Allstate sent a contractor to inspect the property and provide an estimate to fix the repairs to the damaged fence and, on July 29, 2014,

Allstate hired an engineer to evaluate the property and wind damage.

On Aug. 6, an engineer hired by Allstate determined that the damage to the fence was not caused by wind damage, but rather was caused by long-term foundation settlement and on Aug. 28, Allstate denied Shingleton's claim, according to the suit.

Shingleton claims Allstate breached its contract with him and caused him damages.

Allstate also breached its duty of good faith and fair dealing to Shingleton and violated the Unfair Trade Practices Act, according to the suit.

Shingleton is seeking compensatory damages with pre- and post-judgment interest. He is being represented by Timothy J. Manchin and Taylor B. Downs of Manchin Injury Law Group PLLC.

The case is assigned to District Judge John Preston Bailey.

U.S. District Court for the Northern District of West Virginia case number: 2:15-cv-00050

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