HUNTINGTON – Prime Copy Plus is suing Sentinel Insurance Company after it claims the insurance company breached its contract by denying a claim.
Prime is a first-party insured by Sentinel and David Robinson is a named insured under the first-party contract as well, according to a complaint filed in Cabell Circuit Court on Sept. 30 and removed to federal court on Nov. 4.
On Aug. 27, 2014, a precipitous amount of rain fell in Huntington during a heavy rainstorm and, as a result of the heavy rainstorm, flooding occurred from the city's storm drains, which are adjacent to Prime and Robinson's business offices.
The water seeped into the business office through the front door and also through the toilets, according to the suit.
The plaintiffs claim as a further result of the rainstorm, flooding occurred in the basement beneath the business location and the water overpowered the building sump pump.
Immediately upon discovering the flooding, the plaintiff contacted Sentinel and an independent claims adjuster, Stephen Austin with Crawford & Company, was dispatched, according to the suit.
The plaintiffs claim Austin performed his investigation, which included a diagram and photos and conversation with Prime's president, Dale Burns, Robinson and also an owner of an adjacent business that suffered similar flooding damages.
On Sept. 10, 2014, Sentinel denied the plaintiff's claim and, in doing so, stated that the plaintiff's had "coverage for sewer back up, however ground water and flooding is still excluded," according to the suit.
The plaintiffs claim the denial letter also stated that the cause of loss was the amount of water and the sewers being overwhelmed, which would fall under the flooding exclusion.
On nine separate occasions, the plaintiffs' counsel notified the defendant of the coverage issues and requested an opportunity to communicate regarding the issues, according to the suit, however, the defendant did not respond or acknowledge any of those efforts.
The plaintiffs claim Sentinel breached its contract with them and caused them to suffer damages.
Sentinel also violated the West Virginia Unfair Claims Settlement Practices Act, according to the suit.
The plaintiffs are seeking compensatory and punitive damages. They are being represented by Timothy P. Rosinsky of Rosinsky Law Office.
Sentinel is represented by Michelle E. Gaston of Steptoe & Johnson PLLC.
The case is assigned to District Judge Robert C. Chambers.
U.S. District Court for the Southern District of West Virginia case number: 3:15-cv-14655