MOUNDSVILLE – A Marshall County couple says their insurance agent sold them a policy for their farm that did not include liability coverage for claims related to farming.
Bert K. and Carolyn Richmond of Cameron filed against Foremost Insurance Co., Mark D. Crow and Insurance Intermediaries Inc. on Aug. 12 in Marshall Circuit Court, citing negligence/negligent misrepresentation, doctrine of reasonable expectations of coverage, breach of contract, first-party common law bad faith and tort of outrage.
According to the complaint, after the Richmond’s horse injured a neighbor on July 14, 2013, they discovered their insurance policy had no liability coverage for claims related to farming. However, the Richmonds say that both the agent, Mark D. Crow, and Foremost knew at all times that the property’s stated purpose was farming when they obtained the policy in 2011.
The Richmonds seek compensatory and punitive damages in excess of the court's jurisdictional limits, attorney's fees and pre- and post-judgment costs. They are represented by David A. Jividen and Chad C. Groome of the Jividen Law Office in Wheeling. The case has been assigned to Circuit Judge Jeffrey Cramer.
Marshall Circuit Court case number 15-C-144C