WHEELING – A woman is suing an insurance company over breach of contract claims after an accident in Triadelphia.
Keisha Nagy filed a lawsuit against Progressive Insurance Co. and William Schleicher in Ohio Circuit Court on Jan. 5, citing common law misconduct, violation of the Unfair Claims Settlement Practice Act, breach of contract and other counts.
According to the complaint, Nagy her child were passengers in a vehicle being driven by her fiancé Stanton Hanchin II on April 23, which was involved in a collision on Route 40 in Triadelphia. Justin Sutton and Hanchin allegedly collided after Sutton made an inappropriate left turn, while Hanchin was purportedly driving faster than the legal speed limit. As a result of this accident, Hanchin died and the plaintiff and her child have incurred $63,538.31 in medical expenses, in addition to funeral expenses.
The complaint states that a settlement was reached with Sutton. This settlement was then reportedly submitted to Schleicher, Progressive's claims adjuster, on June 1 as the company held Hanchin’s policy. According to the complaint, Progressive claims that the policy that Hanchin held had lapsed due to failure of payment, and the plaintiff claims that the company allegedly did not provide notification of the lapsed policy and that they did not conduct any investigation into available coverage.
Nagy seeks attorneys' and legal fees, compensatory and punitive damages.
The plaintiff is represented by Don Yannerella and Quan Le, both of Wheeling. The case has been assigned to Circuit Judge James P. Mazzone.
Ohio Circuit Court Case number 16-C-4