FAYETTEVILLE – Two Pennsylvania companies are suing to recover combined earned premiums for insurance services provided to a Victor company.
Erie Insurance Property & Casualty Co. and Flagship City Insurance Co. of Erie, Pennsylvania filed the suit Dec. 11 in Fayette Circuit Court against Joey L. Hypes, doing business as Professional Electrical Services of Victor, citing unjust enrichment.
According to the complaint, at the request of Hypes, the plaintiff issued its Ultraflex Commercial Liability Insurance policy for the period of June 12, 2013, to June 12, 2014, with renewal coverage extending another year. In addition, the plaintiff's Flagship City Insurance Co. issued a workers' compensation policy for the August 2013 to August 2015.
The complaint states that the defendant was required to pay earned premiums to the plaintiffs based on the defendant's actual payroll for the policy periods. The plaintiff conducted an audit for each policy type and policy period to determine the amount that would be due based on the defendant's actual payroll. It was determined that the defendant had to pay combined earned premiums of $78,358.33, the suit says.
The plaintiffs are entitled to receive interest on that amount of 7 percent per year from Oct. 1 to the day of judgment, the suit says. The plaintiffs have made a demand judgment against the defendant but the defendant has allegedly not paid any of the balance due.
They seek the $78,358.33 plus interest and court costs. They are represented by John R. Keating of Amato Keating and Lessa PC of Bethlehem, Pennsylvania. The case has been assigned to Circuit Judge John W. Hatcher Jr.
Fayette Circuit Court Case number 15-C-322