PINEVILLE – A retired coal miner is seeking damages following an incident in which he alleges that the terms of his life insurance policy were breached.

Charles E. Ervin filed a complaint Dec. 30 in Wyoming Circuit Court against Honeywell Inc., Allied Corp., Cigna Health and Life Insurance Co. and Life Insurance Corp. of America, alleging estoppel and breach of contract.

According the complaint, Ervin, a retired coal miner, acquired a $2,000 life insurance policy from Allied Corp. in 1982, which was to be supplied at the time of his death for no cost. Between 1985 and 1999, the insurance company changed its name and merged with Honeywell, the complaint states. In 2001, Honeywell allegedly informed the plaintiff that policy was still being honored and was only payable upon death to a named beneficiary.

In January 2015, he allegedly received another letter that informed him that the policy would remain in place through June, but could be converted to a new policy. The suit states that he called to carry out the conversion and was rebuffed. The complaint states that he was told he would have to pay premiums of $495 per year under a converted policy. The plaintiff is suing, alleging breach of contract.

Ervin seeks damages of up to $75,000, as well as legal fees. He is represented by Samuel B. Petsonk of Mountain State Justice PC in Charleston.

Wyoming Circuit Court Case number 15-C-249

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