West Virginia Record

Tuesday, October 15, 2019

Auto Club Group seeks interpleader action in Putnam County

By Kyla Asbury | Mar 14, 2016

WINFIELD – The Auto Club Group is seeking an interpleader action involving policy limits and a car accident that caused one death and multiple injuries.

The Estate of Melisha Dailey Jividen; Brenda Demoss; Kenneth Demoss; Christopher Higginbotham; Glen Michael Jividen; and Emilee R. Craigo, individually and as next friend of Violette Craigo and Avery Craigo were all named as defendants in the suit.

On Jan. 7, 2015, Melisha Jividen was the driver of a vehicle owned by Brenda Demoss and in which Glen Jividen and Higginbotham were passengers heading south on Route 62 in Red House when the vehicle began sliding on ice and struck a vehicle driven by Emilee Craigo and containing her two minor children, according to a complaint filed Feb. 29 in Putnam Circuit Court.

Auto Club Group and National Auto Insurance Company claim as a result of the accident, Melisha Jividen died and Glen Jividen, Higginbotham, Emilee Craigo and Avery Craigo all suffered injuries.

At the time of the accident, the vehicle owned by Brenda Demoss and Kenneth Demoss was primarily insured by AAA with policy limits of $50,000 per person and $100,000 per accident. West Virginia National provided secondary coverage for Glen Jividen by way of policy issued to Melisha Jividen in the amount of $20,000 per person and $40,000 per accident.

Neither of the policies is independently sufficient to cover the defendants’ claimed damages, according to the suit.

Auto claims the defendants are cumulatively entitled to their rightful share of the policy limits available and they cannot adequately protect the interests of each defendant and/or in fidelity to its insured protect the interests of its insured without proceeding with this interpleader action.

The plaintiffs are requesting that the defendants, and any other potential claimant, be ordered to present their evidence and proof that they are entitled to the amounts paid and request leave to deposit their respective policy limits with the court and allow the court to resolve the issues of the appropriate amounts for each party to receive.

The plaintiffs are seeking that the court entered an order directing that the clerk of the court pay the collective sums of $100,000 by Auto and $40,000 by West Virginia National and that the court entered an order directing the defendants be restrained from instituting any other action against the plaintiffs for recovery of policy limits.

The plaintiffs are represented by Jared M. Tully and Elizabeth A. Moore of Frost Brown Todd PLLC; and R. Ford Francis of Francis & Lilly PLLC.

The case is assigned to Circuit Judge Joseph K. Reeder.

Putnam Circuit Court case number: 16-C-51

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