BECKLEY–A Raleigh County resident is suing an Erie, Pa.-based insurance business on claims of breach of contract in coverage for a critical 2013 automobile accident.
Michelle L. Cochran filed a lawsuit against Erie Insurance Property & Casualty Co. doing business in West Virginia, in Raleigh Circuit Court on Sept. 3, asserting breach of contract in October 2013.
The suit states that the plaintiff, a passenger in a vehicle driven by her husband Jarold on Oct. 5, 2013, on U.S. Route 19 near Lansing, W.Va., suffered serious injuries when an oncoming underinsured driver, Corey Barrows, rear-ended the Cochrans’ vehicle and caused it to flip several times when he entered the highway without yielding the right of way to oncoming traffic.
Cochran asserts medical expenses, pain and suffering, lost wages, annoyance and inconvenience, and loss of ability to enjoy life.
According to the complaint, the Barrows’ vehicle was insured by GEICO Casualty Co.; and GEICO acknowledged that the plaintiff’s injuries exceeded the driver’s liability limits. The lawsuit states that Erie consented to Michelle Cochran’s settlement and waived its subrogation rights against the tortfeasor.
The plaintiff seeks compensatory damages, pre- and post-judgment interest, attorneys’ fees, and costs.
Cochran is represented by Robert D. Cline Jr., Brian Bigelow, and Jennifer Dempsey Meeteer of Farmer, Cline & Campbell in Beckley.
Raleigh Circuit Court case number 15-C-802-B
