West Virginia Record

Wednesday, September 18, 2019

Logan Co. couple accuses insurer of contract breach, negligence

By Kyla Asbury | Feb 5, 2016

CHARLESTON – A Logan County couple is suing American Modern Home Insurance Company after they claim it breached its contract with them and was negligent.

Shaun Bose, an employee of AMHIC, was also named as a defendant in the suit.

On June 8, Carolyn Queen and Jerry Queen suffered property damage resulting from a tree falling from the neighbor’s property onto theirs, according to a complaint filed originally in Logan Circuit Court and later removed to federal court.

The Queens claim they notified AHMIC of the loss and that they would be making a claim under their policy and Bose was assigned as the adjuster for the loss.

The plaintiffs provided documentation of their various covered losses and the defendants provided some payments, but have failed to provide all of the coverages set forth in their policy, according to the suit.

The Queens claim despite numerous requests, the defendants failed to provide an itemization of payments to them or their counsel required for ongoing litigation with the neighbor for subrogation purposes.

Subsequently, prior to contractors completing repair work on the Queens’ home, AMHIC cancelled the plaintiffs’ coverage, leaving the plaintiffs unable to insure their home until the repairs were completed, according to the suit.

The Queens claim the defendants were negligent and breached their duty to provide appropriate insurance coverage for them and to timely and fully pay all claims covered by the policy.

The defendants also violated the West Virginia Unfair Trade Practices Act, according to the suit.

The Queens are seeking compensatory and punitive damages with pre- and post-judgment interest. They are being represented by Scott H. Kaminski of Balgo & Kaminski LC.

The defendants are represented by Jeffrey M. Wakefield of Flaherty Sensabaugh & Bonasso PLLC.

The case is assigned to District Judge Joseph R. Goodwin.

U.S. District Court for the Southern District of West Virginia case number: 2:16-cv-00216

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Organizations in this Story

Balgo and Kaminski Flaherty Sensabaugh Bonasso PLLC

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